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ANNALS 


OF  THE 


CARNEGIE    MUSEUM 


Vol.  II. 
1903-1904 


\V.  J.  nOLI.ANI),  Ph.D..  ,St:.I)..  1. 1. 1).,  Editor 
J.  B.  IIATCHKR,  Ph.B.,  AssihiaU  luittor 


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ll«»AkI»    OF    TkUSTEF-S   <ir    THF.    CaKNK<.IK    iNSnitTF 


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TABLE   OF  CONTENTS. 


Title-page  and  Table  of  Contents  ......  i-iii 

List  of  Plates         .........  v 

List  of  Illustrations        ........        vi-vii 

Editorials 1-4,  141-144,  431-433,  477-480 

L  Astropecten  ?  montanus — A  new  Star- fish  from  the  Fort  Ben- 
ton ;  and  some  Geological  Notes.     By  Earl  Douglass  .  5-8 
IL  Discovery  of  Remains  of  Astrodon  (PUtiroccelus)  in  the  At- 

lantosaurus  Beds  of  Wyoming.     By  J.  B.  Hatcher       .         9-14 
TIL  Osteology  of  the  Limicolae.     By  Dr.  R.  W.  Shufeldt.         .        15-70 
IV.  Minute    Book   of  the  Virginia  Court  held  for  Yohogania 
County,  first  at  Augusta  Town  (now  Washington,  Pa.), 
and  afterwards  on  the  Andrew  Heath  Farm  near  West 
Elizabeth,  1 776-1 780.    Introduction  by  Boyd  Crumrine.     71-140 
V.  New  Vertebrates  from   the    Montana  Tertiary.     By  Earl 

Douglass    .........    145-200 

VI.   Description  of  a  New  Genus  and  Species  of  Tortoise  from 

the  Jurassic  of  Colorado.     By  O.  P.  Hay     .         .  .   201-204 

VII.  Minute  Book  of  Virginia  Court  held  for  Yohogania  County, 
first  at  Augusta  Town  (now  Washington,  Pa.),  1776- 
1780,  (Cont.).     Introduction  by  Boyd  Crumrine  .         .   205-429 
VIII.  Osteology  of  Oxydactylus.     By  O.  A.  Peterson  .         .         .  434-476 
IX.  The  Birds  of  Erie  and  Presque  Isle,  Erie  County,  Pennsyl- 
vania.    By  W.  E.  C.  Todd         .....  481-596 

In  Memoriam,  John  Bell  Hatcher.     By  W.  J.  Holland       .   597-604 
Index       ..........  605-613 


11. 


\  H"7»i  -^ 


LIST  OF  PLATES. 


I.  Right  lateral  view  of  the  sVtXtion  oi  Jacana gymnostoma.     See 

explanation,  p.  70. 
II.  Contact  between  White  River  and  Loup  Fork,  near  Logan,  Mon- 
tana.    See  explanation,  p.  199. 

III.  Probaena  sculpia  Hay.     See  explanation,  p.  203. 

IV.  Figs.  1-4.     SkuWoi  Oxydactyius/ortgipes,    See  explanation,  p.  475. 
V.   Figs.  1-7.     QGr\\c3\wtriQbr2^o{ Oxydactyius iongipes.    Seep.  475. 

VI.   Figs.  1-5.     See  explanation,  p.  475. 

VII.   Figs.  1-3.     See  explanation,  p.  475. 

VIII.   Figs.  1-4.     See  explanation,  p.  475. 

IX.   Figs.  1-5.     See  explanation,  p.  476. 

X.   Figs.  1-4.     See  explanation,  p.  476. 

XI.   Figs.  1-4.     See  explanation,  p.  476. 

XII.  Figs.  1-5.     See  explanation,  p.  476. 

XIII.  Figs.  1-4.     See  explanation,  p.  476. 

XIV.  Figs.  1-5.     See  explanation,  p.  476. 
XV.    Oxydactylus  longipes.     See  p.  476. 

XVI.   Map  of  Presque  Isle. 
XVII.  Niagara  Pond,  Presque  Isle 
XVIII.  Woodland  at  Head  of  Long  Pond,  Presque  Isle. 
XIX.   Big  Pond,  Presque  Isle. 
XX.  John  Bell  Hatcher. 


LIST   OF   FIGURES   IN   TEXT. 


« I 


1 1 


« I 


I  < 


1 1 


Asiropecten  montanus        ........ 

Astrodon  johnstoni.     Cervical  centrum,  seen  from  left  side  and  above 
••  Dorsal  centrum,  seen  from  left  side  and  above 

"  ••  Centrum  ofdistal  caudal,  lateral  and  superior  views 

Charadrius  piuvialis.     Side  view  of  forepart  of  the  skull.     Under  view 

of  the  same  partially  dissected  and  enlarged 
squataroia.     Skull,  superior  view 

"  Mandible,  left  lateral  view   . 

dominicus.     Pelvis,  viewed  from  above 
Sternum,  pectoral  aspect 
Pelvis,  right  lateral  view 
Pygostyle  and  last  caudal  vertebra 
Left  humerus,  palmar  aspect. 
Numenius  longirosiris.     Skull  with  mandibular  attached,  right  lateral 

view     .... 
"  "  Skull,  basal  and  sup>crior  views 

"         hudsonkus.     Skull,  right  lateral  view. 
••         borealis.     Skull,  right  lateral  view 
Philohela  miftor.     Skull,  left  lateral  view  . 
Gallinago  wihoni.     Skull,  left  lateral  view. 
Himantopus  mexicanus.     Skull,  left  lateral  view 
Nununius  longirostfis.     Sternum,  pectoral  aspect 

"  "  Sternum,  right  lateral  view   . 

"  ••  Pelvis,  seen  from  above 

••  "  Pelvis,  left  lateral  view. 

••  ••  Os  furcula,  three-quarter  oblique  view  from 

right  side 
"  Left   coracoid   and   scapula,    direct   anterior 

aspect  .... 
••  Left  scapula  and  coracoid 

"  Right  humerus,  anconal  aspect 

*  •  * '  Right  manus,  palmar  aspect. 

"  •*  Parts  of  right  pelvic  limb 

Himantopus  bachmani.     Skull,  left  lateral  view 

"  ••  Mandible,  viewed  from  above 

••  "  Skull,  superior  aspect. 

••  Skull,  basal  view 

Hfptodon,     Part  of  left  maxillar>'  with  last  premolar  and  three  molars 

Crown  view  of  teeth  of  same    .... 

vi 


7 
9 

lO 

II 

24 
24 
24 
27 
27 
29 
29 
30 

32 
38 
38 
38 
41 
41 
41 
47 
48 

5> 
52 

53 

54 

55 

59 
60 

62 

63 
63 
63 
63 

155 


List  of  Figures  in  Text.  vii 

Hyrachyus  priscus.     Mandible  and  anterior  part  of  skull    .         .         •    I57 
Hyrachyus.     Crown  view  of  last  left  upper  molar       .  .  .  .158 

Helodermoides  tuberculatus.     Top  of  skull,  upper  and  lower  views      .    160 
"  •*  Part  of  mandible .  ....    160 

Mesohippus  iatidens.     Last  upper  premolar  and  the  three  molars  of 

left  side.  ......    161 

Trigenicus  socialis.     Portion  of  skull.     Crown  view  of  teeth        .  .162 

Oreodo7i  macrorhinus.     Side  view  of  skull  .  .  .  .164 

Mesocyon  drummondanus.     Skull,  side  view      .  .  .  .  .165 

"  Skull,  palate  view  .  .         .         .         ,166 

Leptomeryx  transmontanus.     Skull.     Crown  view  of  teeth  .  .167 

Promerycochoerus  minor.     Skull  and  mandible,  side  view  .  .  .169 

Talpa  plaiybrachys.      Humerus 172 

Mylagaulus  paniensis.     Portion  of  mandible  showing  teeth  .         .172 

Mylagaulus.     Premolar  and  molar 173 

jElurodon  brachygna/hus.     Left  mandibular  ramus    .  .         .  .174 

Hesperhys  vagrans.     Right  ramus  of  mandible.     Crown  view  of  teeth 

of  same    .         .         .         .  .         '175 

Poatrephes  paludicola.     Right  view  of  skull       .  .  .  .  .177 

Merychyus  smithi.      Part  of  mandible         .  .  .  .  .  .179 

Vertebra  of  fish,  end  view.        ........    181 

Sciurus  sp.     Portion  of  mandible  with  incisors  and  anterior  teeth        .    181 
Sciurus  arcfomyoides.      Left  ramus  of  mandible  .         .         .  .182 

Palaarctomys  fnoniamts.     Skull  and  mandible  .  .  .  .         .183 

*•  macrorhinus.     Skull  from  right  side      .  .  .  .184 

"  "  Skull,  lower  view  .  .  .  .185 

Mylagaulus  pristinus.     Left  ramus  of  mandible,  side  and  top  views    .    188 

•'  proximus.     Inside  and  top  views  of  mandible  .  .189 

Mylagaulus.     Portion  of  mandible  showing  position  of  teeth       .  .    190 

Mylagaulus  pafiiensis.     Permanent  premolar,  side  and  crown  views  .    191 
Musi f la  minor.     Left  ramus  of  mandible  .  .  .  .  .  .192 

Dinocyon  ossifragus.     Portion  of  skull       .  .  .  .  .  .193 

**  "  Skull,  palate  view  .         .         .         .         .         .194 

Aphelops  ceratorhinus.     Nasals  .  .  .  .  .  .195 

"  "  Left  ramus  of  mandible,  inner  view      .  .    196 

Merycodus  necaius.     Portion  of  antler        .  .  .  .  .  .197 

Merycodus.  "        ««      ««  •         .  .  .  .198 

Palate  views  of  skulls  of  two  guanacos  taken  from  the  same  band  at 

Cape    Fairweathcr,    Patagonia,    showing   remarkable  individual 

variation  in  dental  and  cranial  characters  .....   444 
Ideal  section  of  Miocene  formations  from  Squaw  Butte  to  south  side 

of  Running  Water  River,  Sioux  Co.,  Nebraska  ....   474 


Publications  of  the  Carnegie  Museum  Serial  No.  20 


ANNALS 


OF   THE 


CARNEGIE   MUSEUM 


V()i>.  II.     No.  I 


W.  J.  HOLLAND,  Ph.D.,  LL.D.,  E^h'tor 
J.  B.  HATCHER,  Ph.B.,  Associate  Editor 


PUBLISHKD    BY    THE    AUTHORITY    OK   THF 

Board  of  Trustees  of  the  Carnegie  Institute 

June.  1903 


I 


Thi  Hi*  Ci«  Ptnni<mi  COMMav 
t.*«CAsrta.  Pik 


ANNALS 


OF  THE 


CARNEGIE  MUSEUM 


VOLUME  IL     NO.  i. 


Editorial. 


The  first  part  of  the  second  volume  of  the  Annals  of  the  Carnegie 
Museum  goes  to  press  just  as  intelligence  reaches  us  of  the  decision  of 
the  Supreme  Court  of  Pennsylvania,  which  definitely  settles  the  ques- 
tion of  the  right  of  the  municipality  to  appropriate  lands  for  park  pur- 
poses, though  such  purchase  is  avowedly  made  with  the  ulterior  object 
of  placing  thereon  buildings  such  as  the  proposed  extension  of  the 
Carnegie  Institute.  It  is  needless  to  say  that  the  decision  of  the  court 
has  been  received  with  unalloyed  satisfaction,  not  merely  by  those 
who  are  strictly  concerned  with  the  administration  of  the  affairs  of  the 
institute,  but  by  the  entire  population  of  the  city.  So  far  as  is  known 
no  decision  in  recent  years  touching  public  matters  in  the  city  of  Pitts- 
burg has  given  more  profound  satisfaction  to  the  masses  of  the  people 
than  that  which  has  just  been  rendered.  When  the  gracious  founder 
of  the  Institute  conceived  the  idea  of  adding  halls  to  the  library,  in 
which  science  and  the  arts  should  find  fitting  homes,  he  paved  the  way 
for  adding  immeasurably  to  the  pleasures  of  existence  in  this  busy 
metropolis  of  the  iron  industry.  The  citizen  of  to-day  can  scarcely 
realize  as  he  looks  back  how  he  endured  the  conditions  of  life  in  the 
Pittsburgh  of  the  past,  which  was  a  Pittsburgh,  so  far  as  the  public  was 
concerned,  without  books,  without  pictures,  without  a  museum.  The 
throng  of  those  who  weekly  resort  to  the  halls  of  the  Institute,  coming 

1  1 


2  Annals  of  the  Carnegie  Museum. 

and  going  with  pleasure  manifestly  written  upon  iheir  countenances, 
furnish  eloquent  proof  in  their  mere  numbers  of  the  manner  in  which 
the  wise  forethought  of  Andrew  Carnegie  has  met  a  human  necessity. 
Men  do  not  live  by  bread  alone.  There  are  hungerings  and  thirstings 
besides  those  of  the  mere  body,  and  he  does  a  great  good  to  any  com- 
munity who  endeavors  to  meet  these  appetencies  which  are  more  dis- 
tinctively human  than  hunger  and  thirst. 

After  years  of  waiting  we  now  hope  soon  to  see  the  plans  that  have 
been  formed  for  the  extension  of  the  Institute  and  thus  for  the  exten- 
sion of  its  power  and  usefulness  carried  into  effect.  It  is  with  un- 
feigned pleasure  that  we  are  able  to  say  that  at  last  the  dawn  of  de- 
liverance breaks  and  the  way  is  opening  to  that  larger  life  for  the  en- 
joyment of  which  the  founder  has  made  magnificent  provision.  The 
Library  will  erelong  have  j>ossession  of  the  entire  sj)ace  occupied  by 
the  present  building.  The  Art  Gallery  will  have  what  it  requires  for 
the  display  of  the  pictures  which  are  already  jx)ssessed  and  which  may 
hereafter  be  accjuired,  as  well  as  for  the  annual  exhibitions  which  have 
proved  so  important.  The  Museum  will  enter  upon  rooms  fitted,  it  is 
hoped,  for  many  long  years  to  display  the  gradually  accumulating  stores 
of  things  illustrative  of  the  forms  of  life  and  of  human  development 
and  history,  which  make  such  a  spot  resorted  to  by  thousands.  Added 
to  these  exhibition  halls  will  be  laboratories  and  study  rooms  in  which 
provision  will  be  made  for  the  prosecution  of  original  research. 
Herein  is  the  chief  glory  and  crown  of  an  institution  of  this  character, 
that  it  not  merely  tells  what  man  has  done,  but  does  that,  which  man 
never  heretofore  has  done,  in  the  way  of  developing  a  knowledge  of 
the  mysteries  of  the  universe.  It  is  sincerely  hoped  that  with  new  and 
enlarged  facilities  the  Carnegie  Museum  will  become  to  a  higher  de- 
gree the  exjionent  in  Pittsburgh  of  the  spirit  of  scientific  investigation. 


It  is  with  much  pleasure  that  we  are  able  to  continue  in  this  num- 
ber of  the  Annals  the  presentation  of  the  records  of  the  old  Virginia 
courts  which  were  held  in  southwestern  Pennsylvania  in  the  years  im- 
mediately preceding  the  settlement  of  the  l>oundary  controversy  be- 
tween Virginia  and  Pennsylvania.  The  student  of  local  history  will 
find  much  in  these  records  of  great  interest,  and  their  preser\ation  in 
printed  form  will  no  doubt  be  regarded  as  an  imjxjrtant  serv  ice  to  the 
cause  of  the  local  historian.      It  is  hoped  in  the  present  volume  of  the 


Editorial.  3 

Annals  to  bring  the  publication  of  these  records  to  completion.  Many- 
thanks  are  due  to  Mr.  Boyd  Crumrine  for  the  careful  manner  in  which 
he  has  attended  to  their  transcription. 


Mr.  Hugo  Kahl,  formerly  connected  with  the  University  of  Kan- 
sas and  latterly  with  the  University  of  Illinois  has  taken  the  place  on 
the  staff  of  the  Museum  as  assistant  custodian  in  entomology  formerly 
held  by  Mr.  Herbert  H.  Smith. 


The  following  Memoirs  have  issued  from  the  press:  No.  2,  Oltgo- 
cene  Canida^  by  J.  B.  Hatcher  ;  No.  3,  The  Osteology  of  the  Stega- 
nopodeSy  by  R.  W.  Shufeldt.  An  elaborate  Memoir  upon  the  Classifica- 
tion of  the  Superfamily  Chalcidoidea  with  descriptions  of  new  species 
contained  in  the  collections  of  the  Carnegie  Museum,  has  been  pre- 
pared by  Mr.  W.  H.  Ashmead  of  the  U.  S.  National  Museum,  and 
will  be  issued  as  Memoir  No.  4  of  the  Carnegie  Museum.  It  is  now 
passing  through  the  press. 

The  paleontological  explorations  conducted  by  the  Museum  in  Mon- 
tana, Wyoming,  and  Nebraska  have  resulted  in  the  acquisition  of 
much  new  and  valuable  material,  which  will  constitute  the  basis  for 
a  number  of  important  papers  shortly  to  be  published. 


Since  the  last  number  of  the  Annals  was  issued  the  Museum  has 
acquired  the  entire  collection  of  the  birds  of  Holland  made  by  Baron 
Snouckaert  van  Schauburg.  The  collection  consists  of  mounted  speci- 
mens in  beautiful  condition,  having  been  mounted  by  ter  Meer,  one  of 
the  ablest  of  Dutch  taxidermists.  There  are  about  three  hundred 
species  represented  in  the  collection,  in  most  cases  by  both  sexes  as 
well  as  by  the  young.  A  small  collection  of  the  birds  of  Costa  Rica 
made  by  Mr.  M.  A.  Carriker,  Jr.,  has  also  been  acquired.  Among 
the  specimens  collected  by  Mr.  Carriker  are  a  number  of  rarities. 
Mr.  W.  W.  Worthington  is  engaged  in  collecting  the  birds  of  Florida 
for  the  Museum. 


A  SYSTEMATIC  effort  is  being  made  to  increase  the  collection  of 
minerals  belonging  to  the  Museum.  Within  the  past  month  several 
hundreds  of  species  not  heretofore  represented  in  the  collection  have 
been  acquired.     The  beautiful  collection  of  gems  and  gemstones  pre- 


4  Annals  of  the  Carnegie  Museum. 

sented  to  the  Museum  by  Mr.  J.  L.  Lewis  has  been  installed  and  is 
now  on  exhibition. 


The  Entomological  Society  of  Western  Pennsylvania,  which  was 
organized  last  spring,  numbers  over  thirty  members  and  has  held 
regular  monthly  meetings  at  the  Museum.  Much  interest  has  been 
developed.  At  present  diligent  work  is  going  on  in  the  preparation 
of  a  list  of  all  the  species  of  Lepidoptera  known  to  occur  in  western 
Pennsylvania  with  a  view  to  the  publication  of  the  same  in  the  Annals 
of  the  Carnegie  Museum. 


The  botanical  collections  belonging  to  the  Museum  are  being 
steadily  arranged  and  classified.  Over  twenty  thousand  species  of 
plants  are  known  to  be  already  contained  in  the  collection. 


A  NUMBER  of  minor  but  important  additions  have  been  made  to  the 
collections  in  conchology.  There  are  at  the  present  time  fully  fifteen 
thousand  species  represented  in  the  various  collections  of  shells  which 
have  been  acquired. 


I.     ASTROPECTEN?    MONTANUS  — A  NEW  STAR-FISH 

FROM   THE   FORT  BENTON;    AND   SOME 

GEOLOGICAL   NOTES. 

By  Earl  Douglass. 

In  October,  1901,  after  finishing  my  collecting  work  for  the  Prince- 
ton Museum  in  the  region  of  the  Musselshell  River  in  Montana,  my 
father  and  myself  started  westward  with  team  and  camping  outfit  to 
reexamine  the  Miocene  deposits  in  the  vicinity  of  Three  Forks.  We 
followed  the  Musselshell  River  to  the  source  of  its  southern  fork  and 
passed  over  the  divide  into  the  valley  of  the  South  Fork  of  Smith 
River.  Here,  near  Dorsey  Station,  the  cream-colored  nodular  clays  of 
the  Deep  River  beds  form  quite  high  benches,  while  the  lower  benches 
and  sage-brush  flats  are  composed  of  softer  material  of  lighter  color. 
The  latter  look  like  the  Lower  White  River  beds  as  seen  in  other  por- 
tions of  western  Montana ;  and,  though  no  fossils  were  found,  there  is 
little  doubt  that  the  beds  belong  to  this  horizon.  I  do  not  think  that 
the  occurrence  of  White  River  beds  has  previously  been  noted  in  the 
Smith  River  valley. 

From  here  we  went  southwestward,  passing  down  the  rugged,  pictur- 
esque cafion  of  Sixteen  Mile  Creek.  Here  the  Carboniferous  lime- 
stones form  huge  walls,  high  pinnacles,  and  rugged  masses,  which  are 
irregularly  stained  with  red,  giving  them  a  fantastic  appearance.  The 
Madison  division  contains  some  fossils,  as  it  does  in  nearly  every  place 
where  it  is  exposed  ;  though  the  fossils  are  not  so  abundant  here  as  in 
some  localities. 

South  of  the  main  stream  of  Sixteen  Mile  Creek,  in  the  foot-hills  at 
the  north  end  of  the  Bridger  Range,  about  twenty-five  miles  north  of 
Bozeman,  we  stopped  at  the  house  of  Mr.  Urquhart.  Ascending  a 
ridge  composed  principally  of  igneous  material  just  east  of  the  house, 
we  found,  near  the  top,  a  layer  of  hard,  compact,  gray,  iron -stained 
rock,  crowded  with  fossil  leaves.  This  probably  belongs  to  the  Living- 
ston formation. 

We  remained  about  three  days  in  order  to  examine  the  cafton  of  the 
South  Fork  of  Sixteen  Mile  Creek  where  Mr.  Urquhart  and  his  sons 
had  found  many  fossils. 

5 


6  Annals  of  the  Carnegie  Museum. 

The  fossils  occur  in  dark  shales  and  sandstones,  the  latter  being 
sometimes  very  hard.  We  obtained  remains  of  mollusca,  a  crusta- 
cean, and  fish  scales.  The  shells  prove  that  the  rocks  belong  to  the 
Fort  Benton  group.  The  crustacean  is  Linuparus  canadensis.  The 
new  star  fish  which  is  described  in  this  paper  was  found  by  Mr. 
William  Urquhart  several  years  ago  in  these  Benton  beds.  He  showed 
me  the  place  where  he  found  it,  and  the  matrix  is  like  the  Benton  cal- 
careous sandstone  at  this  place  ;  so  his  remembrance  of  the  locality  of 
its  discovery  is  confirmed.  The  strata  dip  at  a  high  angle.  The 
locality  is  near  the  intersection  of  the  46th  parallel  and  the  iiith 
meridian  and  is  about  twenty-three  miles  nearly  due  north  of  Bozeman. 

Linuparus  canadensis  (Whiteaves). 

Hoploparia  canadensis  Whiteaves,  Contrib.  Canad.  Pal.,  Vol.  I., 
Part  I.,  1885,  p.  87,  PI.  II. 

(Locality  :  Highwood  River,  a  tributary  of  the  Bow  River. )  Ten 
miles  west  of  the  first  fork.     Probably  Fort  Benton  (p.  89). 

Linuparus  atavius  Ortmann,  Amer.  Jour.  Sci.,  Vol.  4,  1897,  p. 
290;  fig.  1-3  (Niobrara?)  Head  of  Cottonwood  Creek,  Mead  Co., 
S.  Dakota. 

There  are  several  specimens  of  different  sizes  indicating  difference  in 
age  —  three  carapaces,  one  antennal  region,  one  abdomen  well  pre- 
served. All  agree  with  this  species  in  every  detail  except  in  size. 
Only  one  specimen  attains  the  dimensions  of  the  smallest  specimen 
described  by  Ortmann. 

The  Dakota  specimen  was  obtained  from  Mr.  H.  F.  Wells.  The 
horizon  is  somewhat  doubtful,  though  he  thought  it  to  be  Niobrara. 
There  is  some  doubt  also  concerning  the  Canada  specimens. 

Astropecten?  montanus,  sp.  nov. 

The  type  consists  of  an  impression  in  the  hard  calcareous  sand- 
stone. Since  it  is  only  an  impression  its  anatomical  characters  can 
only  partially  be  made  out. 

Size  small  ;  arms  five,  narrow  and  gradually  tapering,  longer  than 
diameter  of  body  ;  five  radial  elliptical  figures  on  body,  all  except  one 
nearly  in  line  with  the  long  axis  of  the  arms.  The  most  prominent 
markings  are  the  pits  which  probably  represent  the  marginal  plates. 
It  is  possible  however  that  these  may  be  impressions  of  the  ambulacra. 
Half  way  from  the  base  to  the  end  of  the  arm  each  row  of  pits  is  nearly 


Douglass  :   Astropecten  ?  Montanus.  7 

as  wide  as  the  middle  portion  of  the  arm.  Only  one^rm  is  complete. 
This  has  twelve  pits  on  each  side  and  they  are  opposite.  From  the 
central  pit  to  end  of  perfect  arm  1 2  mm.  From 
central  pit  to  margin  of  body  between  the  anns  3.5 
mm. 

It  was  said  by  those  who  saw  it  when  first  obtained 
to  have  possessed  Utile  markings  on  the  margins  of 
the  arms.  The  rock  was  used  for  years  as  a  step 
near  the  door  and  if  these  were  present  they  have 
been  wholly  worn  away.  I 

The  rock  is  a  hard,  fine-grained  calcareous  sand-  '"      '"""P"' 

.  ,  .  ,  ,  ,       .  ten?  mon/anuiDoue- 

stone,  greenish-gray    m   color  and    weathering    to  ^^^_      jj^^_     ^j  ^ 
brown  on  the  surface.  Natural  size. 

Below  are  given  determinations  of  the  accompany- 
ing fossils  and  notes  which  were  both  kindly  fijrnished  by  Dr.  A.  E. 
Ortmann .  They  are  of  interest  as  determining  the  horizon  of  the  beds 
and  showing  the  fauna  of  the  Fort  Benton  near  the  eastern  portion  of 
the  mountain  region,  since  much  of  the  Cretaceous  of  this  region  has 
been  foimd  to  be  poor  in  fossils. 

Inoceramus  undabundus  Meek  and  Hayden  (?). 

Stanton,  Bull.  U.  S.  Geol.  Surv.,  106,  1893,  p.  84,  pi.  6,  figs,  i,  2. 

(Fort  Benton.     Upper  Missouri  Region.) 

Five  casts ;  smaller  than  type,  but  outline  and  character  of  sculpture 
similar ;   the  imdulations,  however,  are  a  little   more  crowded,  which 
may  be  due  to  the  younger  age  of  our  specimens. 
Pinna  lakesi  White  (?). 

White,  izth  Ann.  Rep.  U.  S.  Geol.  and  Geog.  Surv.  of  Terr., 
Part  1.,  1883,  p.  17,  pi.  II,  fig.  I. 

Ridge  sixteen  miles  west  of  Greeley,  Colorado.      {Fort  Pierre.) 

Reported  from  South  Fork  of  Old  Man  River,  Canada,  by  Whit- 
eaves.  Contrib.  Can.  Pa!.,  Vol.  1.,  part  i,  1885,  p.  84.  Apparently 
Fort  Benton  (p.  89}. 

One  fragrant  compared  with  the  type  agrees  well,  but  is  smaller 
and  more  compressed,  sculpture  identical. 

Pholadomva  papvracea  Meek  &  Hayden  (?). 

Stanton,  Bull.  U.  S.  Geol.  Surv.,  106,  p.  116,  pi.  26,  p.  i. 

Fort  Benton  group.      Upper  Missouri  region. 

Three  specimens  (both  valves). 


8  Annals  of  the  Carnegie  Museum. 

The  identification  remains  doubtfiil.  Our  individuals  correspond  to 
this  species  in  sculpture,  but  they  are  longer  and  thicker.  Stanton 
mentions  specimens  from  Montana  that  are  much  larger  than  the 
type. 

SCHLOENBACHIA   SHOSHONENSIS    (Meek). 

Mortoniceras  s)ioshonensis  Meek,  Rep.  U.  S.  Geol.  Surv.  Terr., 
Vol.  9,  1876,  p.  449,  pi.  6,  figs.  3  and  6. 

Stanton,  Bull.  U.  S.  Geol.  Surv.,  106,  1893,  p.  179,  pi.  44,  figs,  i 
and  2. 

Fort  Benton,  of  Wyoming. 

One  fragment  hardly  larger  than  the  one  figured  by  Meek,  but  evi- 
dently the  same  character  of  sculpture. 

ScAPHiTES  VENTRicosus  Meek  &  Hayden. 

U.  S.  Geol.  Surv.  Terr.,  Vol.  9,  1876,  p.  425,  pi.  6,  figs.  7  and  8. 

Stanton,  Bull.  U.  S.  Geol.  Surv.,  106,  1893,  p.  186,  pi.  44,  figs. 
8-10,  pi.  45.     (Fort  Benton  of  Upper  Missouri  region.) 

One  complete  individual  of  about  the  size  of  that  figured  by  Stanton 
in  pi.  44,  fig.  10,  and  agreeing  with  it  exactly  in  the  external  charac- 
ters (sculpture). 

Indeterminable  casts  of  bivalves,  Ostrea  ?  Exogyra,  CucullcBa,  and 
gasteropods  (  Tiirritella  ?) . 

Note.  The  specimens  above  described  are  in  the  Princeton  collec- 
tion with  the  exception  of  Astropecten  ?  montanus  which  is  in  the  Car- 
negie Museum. 

Carne(;ie  MrsEUM, 
October  6,  1902. 


II. ;  DISCOVERY  OF  REMAINS  OF  ASTRODON  (PLEUROCCE- 

LUS)  IN  THE  ATLANTOSAURUS  BEDS  OF 

WYOMING. 

By  J.  B.  Hatcher. 

While  engaged  during  the  season  of  1901  in  collecting  dinosaur 
remains  in  the  Atlantosaunis  beds  on  Sheep  Creek,  Albany  Co.,  Wyo- 
ming, Mr.  C.  W,  Gilmore  discovered  two  vertebral  centra  (No.  578), 
which  I  am  unable  to  distinguish  either  generically  or  specifically  from 
those  described  and  figured  by  the  late  Professor  Marsh  as  pertaining 
to  Pleurocaliis  nanus,  which,  as  will  be  shown  later,  should  be  re- 
garded as  a  synonym  of  Aslrodon  johnstoni  Leidy. 


Figs,  i  and  a.     Cervical  centrum  of  AUn 
side  and  above  1  one  half  nalural  size.     (No.  578. ) 

One  of  these  centra,  lateral  and  superior  views  of  which  are  shown 
in  Figs.  I  and  2,  I  regard  as  pertaining  to  a  posterior  cervical.  Its 
sides  are  deeply  excavated  in  such  manner  that  the  body  of  the  cen- 
trum is  reduced  throughout  its  middle  region  to  superior  and  inferior 
horizontal  plates  connected  by  a  thin  median  vertical  lamina.  The 
neural  canal  was  small  and  much  constricted  medially.  The  centrum 
is  strongly  opisthoccelous  and  the  transverse  diameter  is  greater  than 
the  perpendicular.  It  agrees  almost  perfectly  in  size  and  general 
characters  with  the  cervical  centrum  of  Aslrodoft  {F/eiiroca:lus)  nanus 
figured  by  Marsh  in  his  Dinosaurs  of  North  America',  except  that  in 

1  Siiteenth  Ann.  Rep.  U.  S.  G.  S.,  I't.  i,  Fl.  XL. 


10 


NAi^  OF  THE  Carnegie  Museum. 


the  present  specimen  the  facet  for  the  cervical  rib  is  broken  away, 
thus  giving  to  this  region  a  somewhat  different  aspect. 

The  centrum  shown  in  Figs.  3  and  4  I  regard  as  pertaining  to  the 
last  dorsal.  The  posterior  extremity  is  moderately  concave,  and  the 
anterior  slightly  so.  The  lateral  cavities  are  deep,  though  not  so  pro- 
nounced as  in  the  cervical  ;  that  on  the  left  side  is  decidedly  deeper 
than  the  one  on  the  right.  The  neural  canal  was  much  larger  than  in 
the  cervical  and  at  about  its  middle  there  is  a  deep  pit  giving  origin  to 
two  small  foramina  which  no  doubt  served  for  the  transmission  of 
nutrient  blood  vessels  to  the  interior  of  the  bone.     The  vertebral  cen- 


KliM.  3  and  4.  Cenlrum  of  lasl  f  dorsal  Ken  from  left  iide  and  above,  (No. 
578.)     One  hair  natural  si«, 

trum  described  by  Marsh  as  a  posterior  dor^l  and  figured  in  plate  XL., 
Figs.  4  and  5,  of  his  Dinosaurs  of  North  .America,  in  reality  pertained 
to  an  anterior  dorsal,  as  is  evidenced  by  its  strongly  opislhoccelian 
character  and  the  more  extended  pleurocentral  cavities,  while  the 
dorsal  centrum  figured  in  the  text  as  ])ertaining  to  Pleuroceelus  was 
from  the  mid-dorsal  region,  as  is  evidenced  by  its  less  decided  opistho- 
cielian  nature  and  smaller  lateral  cavities. 

In  Figs.  5  and  6  are  shown  lateral  and  superior  views  of  a  jxisterior 
caudal  centnim,  pertaining  to  about  the  same  region  as  that  figured  by 
Marsh  in  plate  XL.,  figs.  8  and  9,  of  his  Dinosaurs  of  North  .America, 
from  a  si>ecimen  found  in  the  I'otomac  beds  of  Maryland.  The  pres- 
ent s]>ecimen  was  found  by  Mr.  (iilmore  in  the  .Ailaniosaurus  lieds,  on 
Sheep  Creek,  ^Vyo.,  but  in  a  different  ijuarry  from  that  whi(.h  furnished 
the  dorsal  and  cervical  centra  figured  above. 


Hatcher  :    Astrodon  in  Wyoming.  11 

A  careful  comparison  of  these  remains  with  those  figured  by  Marsh 
as  pertaining  to  Pleuroccelus  nanus ^  based  on  material  discovered  by 
the  present  writer  in  the  Potomac  beds  of  Maryland,  will,  I  think,  show 
it  to  be  quite  impossible  to  definitely  distinguish  these  remains  either 
generically  or  specifically  from  the  latter.     The  same  may  be  said  of 


Figs.  5  and  6.  Lateral  and  superior  views  of  centrum  of  distal  caudal.  (No. 
585. )     One  half  natural  size. 

the  material  upon  which  was  based  Marsh's  description  oi  Pleuroccelus 
montanus.  These  western  forms  may,  however,  be  specifically  distinct 
from  the  Maryland  species. 

Synonymy  of  Pleuroccelus  nanus  Marsh  and  Astrodon 

JOHNSTONI    LeIDY. 

It  now  remains  to  discuss  the  synonymy  of  the  above-mentioned 
genera  and  species. 

The  generic  name  of  Astrodon  was  given  without  description  in  the 
American  Journal  of  Dental  Science,  1859,  by  Dr.  Christopher  Johns- 
ton to  certain  reptilian  teeth  obtained  by  a  Mr.  Tyson  from  a  bed  of 
iron  ore  near  Bladensburg,  Maryland. 

In  i^b^,"^  2iS  Astrodon  johnstoniy  Dr.  Leidy  fully  described  and  fig- 
ured these  teeth,  thus  placing  the  genus  on  a  valid  foundation.  A 
comparison  of  Dr.  Leidy*  s  figures  of  the  teeth  of  Astrodon  johnstoni 
with  Marsh's  figures  of  Pleuroccelus  nanus  will  show  a  very  striking 
similarity  between  the  two,  which  is  rendered  all  the  more  striking  by 
an  actual  comparison  of  the  specimens  themselves.  Moreover  since  I 
myself  collected  all  of  the  material  described  and  figured  by  Professor 
Marsh  I  can  assert  that  it  likewise  was  found  in  a  bed  of  iron  ore  near 
Bladensburg,  Maryland.  The  exact  locality  of  the  Marsh  material  was 
certain  iron  ore  mines  on  the  farm  of  Mr.  Wm.  Coffin,  and  especially 
in  that  one  locally  known  as  '  *  Swampoodle  ' '  and  situated  about  one 
and  one  half  miles  northeast  of  Beltsville  on  the  Baltimore  and  Ohio 
Railway,  some  thirteen  miles  from  Washington.     Since  these  remains 

2  Memoir  on  the  extinct  Reptiles  of  the  Cretaceous  formations'of  the  United  States, 
Smith,  Contr.  to  Knowl.,  Vol.  14,  PI.  XIII,  figs.  20-23. 


12  Annals  of  the  Carnegie  Museum. 

were  found  in  essentially,  and  perhaps  identically,  the  same  locality  and 
horizon,  and,  in  consideration  of  the  very  great  similarity  which  they 
exhibit,  there  appears  no  good  reason  for  considering  them  as  pertain- 
ing to  either  different  genera  or  species.  Astrodon  johnstoni  Leidy 
having  priority  should  therefore  be  retained,  while  Pleuroccelus  nanus 
would  become  a  synonym  of  that  genus  and  species. 

Relations   of   Astrodon  johnstoni    Leidy  (Pleuroccelus  nanus 
Marsh)  and   Elosaurus   parvus   Peterson  and  Gilmore  to 

OTHER    GENERA    OF   JURASSIC   SaUROPOD    DiNOSAURS. 

It  will  have  been  noticed  no  doubt  that  the  character  of  the  remains 
which  have  been  referred  to  the  above-mentioned  genera  and  species 
indicates  that  they  pertain  to  animals  not  yet  fully  adult.  This  is 
shown  by  the  sutural  connections  exhibited  between  the  centra  and 
neural  arches  of  the  various  vertebrae  ;  by  the  free  coracoid  in  Elosaurus  ; 
and  by  the  character  of  such  portions  of  the  skull  of  Astrodon  as  have 
been  recovered.  While  collecting  in  the  Potomac  beds  I  secured  a 
number  of  fragments  of  skulls  pertaining  to  both  upper  and  lower  jaws. 
Whenever  teeth  were  present  they  invariably  belonged  to  the  first  series 
and  were  not  yet  fully  erupted,  the  points  of  the  crowns  scarcely  rising 
above  the  borders  of  the  jaw,  showing  conclusively  that  the  animal  had 
not  yet  reached  the  adult  stage.  Some  of  the  larger  limb  bones  from 
Maryland  described  by  Professor  Marsh  as  Pleurocalus  alius  ^  may  per- 
haps have  pertained  to  fully  adult  individuals,  but  unfortunately  only 
the  tibia  and  one  or  two  other  fragmentary  limb  bones  of  this  is  known. 
Now  it  would  seem  somewhat  remarkable  that  only  immature  specimens 
of  these  animals  should  have  been  secured  while  for  the  most  part  only 
fully  adult  representatives  of  such  genera  as  Diplodocus,  Morosaurus, 
Brontosaurusy  etc.,  are  known  from  the  same  deposits.  Since  these 
last-mentioned  genera  must  have  been  represented  by  young  and  im- 
mature individuals  it  does  not  seem  at  all  improbable  that  some  of  the 
remains  which  have  been  referred  to  Pleuroccelus,  Astrodon,  or  Elosau- 
rus may  in  reality  belong  to  the  young  of  some  of  these  genera  of  the 
larger  sauropoda.  From  what  we  know  of  the  cervicals  and  dorsals  of 
Astrodon  (^Pleuroccelus^  they  might  very  well  have  belonged  to  a  young 
specimen  of  Brontosaurus  as  might  also  the  detached  teeth  figured  by 
both  Leidy  and  Marsh ;  while  the  fragment  of  a  jaw  figured  by  Marsh 

^Am.Joum.  Sci.,  Vol.  XXXV,  1888,  p.  92. 


Hatcher  :    Astrodon  in  Wyoming.  13 

in  plate  XL.  of  his  Dinosaurs  of  North  America  as  pertaining  to  Pleuro- 
ccelus  nanus  agrees  very  well,  except  in  size,  with  a  similar  fragment  of 
Brontosaurus  figured  in  plate  XX.  If  one  compares  the  detached 
teeth  oi  Brontosaurus  and  Astrodon  {Fieurocoslus^  as  shown  by  Marsh 
respectively  on  plates  XX.  and  XL.  of  his  Dinosaurs  of  North  America, 
he  cannot  but  be  impressed  with  the  remarkable  similarity  which  they 
exhibit.  While  it  is  true  that  some  of  the  remains  described  by  Pro- 
fessor Marsh  as  pertaining  to  Astrodon  (^Pleuroccelus)  could  not  pos- 
sibly have  belonged  to  a  young  Brontosaur,  it  is  equally  true  that  the 
association  of  this  material  is  purely  conjectural.  No  two  bones  or 
fragments  of  all  that  material  collected  from  the  Potomac  beds  in 
Maryland  were  found  in  such  relation  to  one  another  as  to  demonstrate 
that  they  had  belonged  to  the  same  individual.  In  any  discussion  as 
to  the  affinities  of  these  various  genera  and  species  of  small  sauropod 
dinosaurs,  not  only  the  immature  nature  of  the  remains  upon  which 
they  have  been  based,  but  also  the  scattered  and  disarticulated  state  in 
which  they  were  found,  must  be  constantly  borne  in  mind.  With  the 
possible  exception  of  Elosaurus panms  it  remains  to  be  shown  that  any 
of  these  forms  are  not  the  young  of  some  of  the  well-known  larger 
forms,  and  most  of  the  known  remains  of  this  last-mentioned  genus 
resemble  very  closely  in  many  important  details  like  parts  of  the  skele- 
ton of  Morosaurus,  as  has  been  pointed  out  by  Peterson  and  Gilmore 
in  their  original  description. 

The  discovery  of  these  remains  of  Astrodon  in  the  Jurassic  deposits 
of  Wyoming  is  of  the  greatest  importance  as  furnishing  additional  evi- 
dence in  favor  of  the  reference  of  these  two  widely  separated  deposits 
to  one  and  the  same  geological  horizon  as  was  originally  suggested  by 
Marsh.  Should  future  discoveries  demonstrate  that  any  one,  or  all  of 
these  smaller  sauropods,  are  but  immature  representatives  of  the  larger 
forms,  the  evidence  in  favor  of  this  correlation  will  be  strengthened 
rather  than  weakened.  Marsh  has  reported  remains  of  Astrodon 
{Fleuroccelus)  from  the  Jurassic  deposits  near  Havre  in  Normandy, 
while  the  type  of  Astrodon  {Pieuroca^lus)  suffosus  was  derived  from 
the  Kimmeridge  of  Swindon,  England.  It  is  evident  therefore  that 
these  dinosaurs  had  a  very  wide  geographical  distribution  and  that 
while  the  European  forms  may  belong  to  different  species  than  the 
American  they  nevertheless  furnish  important  evidence  as  to  the  rela- 
tive age  of  the  European  and  American  deposits.  Since  the  Kimmer- 
idge clays  are  of  undoubted  Jurassic  age,  and  considering  the  simi- 


14  Annals  of  the  Carnegie  Museum. 

larity  existing  betvv'een  the  dinosaur  remains  of  that  formation  and 

those  of  the  Potomac  and  Atlantosaurus  beds,  the  age  of  the  two  latter 

would  seem  to  be  not  more  recent  than  Jurassic. 
Carnegie  Museum, 

October  23,   1902. 


III.    OSTEOLOGY    OF   THE   LIMICOL^.. 
By  Dr.  R.  W.  Shufeldt. 

Introduction. 

Two  or  three  years  ago  I  gathered  together  into  one  memoir  a  num- 
ber of  papers  I  had  published  on  the  limicoline  birds  since  1883, 
digesting,  as  well  as  augmenting,  the  material  thus  collected.  Subse- 
quently I  went  over  this  entire  MS.  again,  improving  it  in  many  ways 
and  adding  many  new  facts,  which  I  had  obtained  as  a  result  of  my 
studies  of  more  extended  series  of  skeletons  of  this  group.  Finally,  at 
the  present  writing,  that  is  the  last  part  of  September,  1902,  the  entire 
monograph  has  been  carefully  gone  over  again,  and  largely  remodeled, 
and  this  entailed  a  copying  of  many  pages  of  the  work  —  a  task  cheer- 
fully performed  for  me  by  my  wife  Alf  hild,  to  whom  my  thanks  are 
due.  As  the  paper  now  stands,  it  is  probably  the  most  extensive  con- 
tribution to  the  osteology  and  taxonomy  of  the  LhmcolcB  that  has 
appeared  from  the  pen  of  any  writer  on  the  subject  up  to  the  present 
time.  With  this  brief  prefatory  history  I  pass  at  once  to  the  consider- 
ation of  the  results  of  my  researches  in  the  osteology  of  the  forms  con- 
tained in  this  suborder. 

On  the  Osteology  of  the  Limicoline  Birds,  with  Views  Upon 

Their  Classification. 

It  was  Professor  Alfred  Newton  who  said  under  the  article  **  Plover  " 
in  the  ninth  edition  of  the  Encyclopaedia  Britannica  (Vol.  XIX.,  p. 
228)  that  ''Though  the  various  forms  here  spoken  of  as  Plovers  are 
almost  certainly  closely  allied,  they  must  be  regarded  as  constituting  a 
very  indefinite  group,  for  hardly  any  strong  line  of  demarcation  can  be 
drawn  between  them  and  the  Sandpipers  and  Snipes.  United,  how- 
ever, with  both  of  the  latter,  under  the  name  Limicolce,  after  the  method 
approved  by  the  most  recent  systematists,  the  whole  form  an  assem- 
blage, the  compactness  of  which  no  observant  ornithologist  can  hesitate 
to  admit,  even  if  he  be  not  inclined  to  treat  as  its  nearest  relations  the 
Bustards  on  the  one  hand  and  the  Gavia  on  the  other,  as  before  sug- 
gested. ' '     This  is  quite  in  harmony  with  my  own  views  in  the  premises, 

15 


16 


Annals  of  the  Carnegie  Museum. 


and  I  believe  with  Professor  Newton  that  it  meets  the  ideas  of  the 
majority  of  systematists,  and  I  may  add,  what  is  more  important^  the 
ideas  of  most  avian  morphologists. 

Of  the  Limicoia,  this  great  suborder  of  birds,  widely  known  as  the 
**  plover-snipe '*  group,  and  in  the  main  constituting  the  Charadrio- 
morphae  of  Professor  Huxley  (P.  Z.  S.  1867,  p.  457),  Coues  has  said, 
that  **  Most  of  the  families  of  this  order  are  well  represented  in  this 
country,  and  will  be  found  fully  characterized  beyond.  The  position 
of  Parrida  is  in  (juestion,  and  it  probably  belongs  here  rather  than 
among  the  families  where  it  is  ranged  \jAlectondes\,  There  are 
several  outlying  or  inosculating  families  in  the  vicinity  of  Limicola  and 
AlectorideSy  of  uncertain  position.  The  largest  of  these  is  the  Bustard 
family,  Otididct^  which  connects  Limicola  and  Alectorides  so  perfectly, 
that  its  position  has  long  wavered  between  these  two  orders  ;  the 
balance  of  evidence  favors  its  reference  to  the  latter.  The  typical 
families  are   Charadriida  and  Scohpacidd.''      (**Key'*   2d  ed.,  pp. 

596,  597.) 

In  these  remarks  Coues  says  nothing  about  his  having  placed  the 

Herodiones  between  the  Limicolae   and  the  .Alectorides  in  the  work 

cited,  which  he  has  done,  and  his  remarkable  classification  of  the  latter 

group  is  too  well  known  to  call  for  any  comment  here. 

Professor  Max  Fiirbringer  in  his  great  work  upon  the  Morphology  of 

Birds  arranges  the  Limicola  in  the  following  manner. 


S  . 

SB 
fi- 
ts •• 


S.  O.  CHARA- 
DRIIFORMES. 


G.  S.   l^T. 

Lar<»-Limi- 


G.   S.  STR. 

Charadrii. 


G.  Parr.*:. 
G.  Otipks. 


\ 


F.  Charadriid;e. 
F.  5.  str.  Glareb- 

lidoe. 
F.  5.  str.  Droma- 

didar. 
F.  Chionididx. 
F.  I^ridx. 
F.  Alcid«. 
F.  Thinocoridae. 
F.  Parridx. 
Y.  Oldicnemidae. 
F.  Otididie. 


Dr.  R.  Bowdler  Sharpe  in  his  **  Hand  List  of  Birds"  (1899)  con- 
siders them  as  an  Order,  (XV.),  Charauriikormfs,  and  places  them 
between  the  Larikormf:s,  (Order  XIV.)  and  theGRUiK)RNfF:>%,  (Order 
XVI.).  He  divides  the  Charadrii formes  into  no  less  than  seven 
Sul>orders,  namely  the  Chionides,  the  -\ttagides,  the  Charadrii,  the 
Parrae,  the  Cursorii,  the  (Kdicnemi,  and  the  Otides,  and  these  names 
will  sufficientlv  indicate  the  families  of  birds  this  author  considers  to 


Shufeldt  :    Osteology  of  the  LiMicoLiE.  17 

belong  to  the  limicoline  assemblage  —  everything  in  fact  from  a  Sheath- 
bill  to  a  Bustard. 

The  author's  views  on  the  position  of  the  Limicolse  are  presented 
with  a  discussion  of  their  affinites  at  the  close  of  the  present  Memoir. 

More  or  less  typical  limicoline  birds  are  found  in  nearly  all  parts  of 
world,  and  they  are  particularly  well  represented  in  the  avifauna  of 
the  United  States.  So  that  the  full  description  of  their  osteology 
given  beyond  will  thoroughly  characterize  the  group  as  a  whole. 

Much  has  been  written  on  the  subject  of  their  skeletology,  and  of 
this  I  have  availed  myself.  My  own  writings,  published  for  a  number  of 
years  in  \ki^  Journal  of  Anatomy  of  London,  \ht  Journal  of  Morphol- 
ogy and  elsewhere,  illustrated  by  many  plates  and  figures,  have  al- 
ready set  forth  the  osteological  characters  of  the  American  LimicolcR 
quite  exhaustively.  This  work  will  be  used  to  the  fullest  extent  here, 
and  thoroughly  revised.  In  dealing  with  the  Aphrizidce,  as  I  remark 
further  on,  I  have  only  employed  my  monograph  in  the  Journal  of 
Morphology  to  the  extent  of  using  the  facts  set  forth  in  it,  and  not  in- 
corporated it  here  as  a  whole. 

My  private  cabinets  afford  the  skeletons  of  many  American  limico- 
line forms,  and  these  have  been  handsomely  supplemented  by  the  loan 
of  many  others  from  the  collections  of  the  U.  S.  National  Museum, 
and  from  still  others  from  the  collection  of  Mr.  F.  A.  Lucas.  Pro- 
fessor Alfred  Newton  has  also  sent  me  for  my  inspection  several  speci- 
mens from  the  Museum  at  Cambridge,  England,  and  others  from  his 
own  collection.  These  very  well  illustrate  points  in  the  osteology  of 
Scolopax  rusticola,  Favoncella  pugnax,  Vanellus  vanellus  and  others, 
for  all  which  my  thanks  are  here  tendered.  Others  have  also  sent  me 
useful  material  and  it  is  referred  to  later. 

Osteology  of  the  Phalaropes. 

(Complete  skeletons  of  Crymophilus  fulicarius  and  Phalaropus  lobatus 

examined. ) 
Phalaropes  have  a  skull  of  much  the  same  general  form  as  we  find 
it  among  the  Sandpipers,  the  narrow  and  extended  superior  mandible 
being  considerably  larger  than  the  cranium,  while  the  very  open 
structure  of  the  latter  gives  it  a  peculiarly  delicate  appearance.  Upon 
severe  maceration  the  premaxillary  does  not  appear  to  come  away, 
and  detach  itself,  as  it  does  in  most   Tringce,  and  it  is  rather  more 

spread  out  laterally  than  it  is  in  those  birds.     The  narial  vacuities  are 
o 


18  Annai^  of  the  Carnegie  Museum. 

long,  open  slits,  and  there  is  no  osseous  septum  narium.  Phalaropes 
are  typically  schizorhinal  birds,  and  their  skulls  are  characterized  by 
having  a  deep  longitudinal  median  depression  over  the  region  of  the 
cranio-facial  axis,  upon  either  side  of  which  the  upper  portion  of  the 
small  lacrymal  is  prominently  tipped  up.  Below,  this  bone  sends 
down  a  thread-like  osseous  limb,  which  bending  smartly  backwards, 
fuses  by  its  posterior  extremity  with  the  upper  and  outer  angle  of  the 
rather  large  and  cjuadrilateral  pars  plana.  Nasal  bones  and  the 
zygomje  are  straight  and  very  slender.  On  the  superior  aspect  of  the 
cranium,  the  frontal  region  is  seen  to  be  extremely  narrow  between 
the  superior  margins  of  the  orbits ;  the  fronto-parietal  region  is 
rounded  and  smooth.  Further  back  there  is  a  fairly  well  marked 
superoccipital  prominence,  which  in  the  Red  Phalarope  is  pierced 
upon  either  side  by  a  foramen,  which  is  not  the  case  in  P.  lobatus. 
Both  the  anterior  wall  of  the  brain -case  and  the  interorbital  septum 
are  very  deficient  in  bone.  Into  the  last  open  space  there  is  thrown 
backwards  from  the  posterior  margin  of  the  mesethmoid  a  free,  hori- 
zontal, and  very  slender  spur  of  bone.  On  the  lateral  aspect  of  the 
skull  we  find  the  iK)st -frontal  and  stjuamosal  processes,  especially  the 
latter,  to  be  inconspicuous  spinelets  of  bone.  At  the  base  of  the 
cranium  the  foramen  magnum  is  large  and  of  a  cordate  outline ;  the 
basitemporal  region  beyond  it  being  somewhat  contracted. 

The  pterygoids  are  short,  small,  and  vertically  compressed,  and  they 
articulate,  as  in  all  true  limicoline  birds,  with  the  basi -pterygoid  pro- 
cesses of  the  sphenoid.  Their  palatine  heads  are  separated  in  the  middle 
line  as  are  the  palatines  for  much  of  their  length  behind.  These  latter 
bones  have  extremely  narrow  prepalatine  |>ortions,  widely  a}>art  an- 
teriorly, and  belim*  the  na.so-maxillary  junction  fusing  with  the  maxillo- 
palatine  plate,  upon  either  side.  Posteriorly,  their  postero-external 
angles  are  rounded  off,  while  their  descending  internal  and  external 
margins  are  prominent  and  keel-like.  In  the  middle  line  in  front  they 
merge  to  form  a  spiculifomi  ix)int,  which  coossifies  with  the  broad ish, 
thin,  lamellar  vomer,  which  latter  terminates  in  a  free  blunt  apex  an- 
teriorly. 

Either  maxillo-palatine  is  of  an  oval  outline,  scroll-like  and  lamelli- 
fonn  in  structure,  with  a  great  perforation  existing  in  it,  which  absorbs 
its  entire  central  j>ortion,  leaving  l>arely  more  than  the  rim  of  the  bone. 
These  maxillo-palatine  proces.ses  are  well  sej)arated  from  each  other  in 
the  middle  space,  and  they  neither  of  them  come  in  contact  with  any 
of  the  adjacent  bones,  as  the  vomer,  or  palatmes. 


Shufeldt:    Osteology  of  the  Limicol^.  19 

This  plan  of  structure  is,  as  we  know,  what  Huxley  has  termed  the 
schizognathous  type,  and  it  is  characteristic,  as  we  have  seen,  of  the 
first  three  suborders  of  birds  treated  in  former  memoirs,  as  it  is  of 
several  others. 

A  quadrate  bone  in  one  of  these  Phalaropes  is  very  pneumatic,  as  is 
indeed  most  of  the  rest  of  the  skull,  and  it  has  a  double  mastoidal  head, 
with  a  conspicuous  orbital  process,  and  a  small  internal  mandibular 
facette,  separated  by  a  valley  from  a  larger  oblique  external  one  upon 
its  same  aspect.  The  bony  meatus  of  the  ear  is  very  open,  and  in  P. 
lobatus  permits  a  view  along  the  entire  length  of  the  eustachian  tube  to 
its  anferior  exit. 

In  the  eyeballs  the  sclerotal  plates  are  small,  and  the  bones  of  the 
hyoidean  arches  are  slender. 

Long  and  of  an  acutely  V-shaped  pattern,  the  mandible  has  com- 
paratively rather  an  extensive  symphysis,  and  from  it  behind,  in  the 
median  line,  may  project  directly  backwards  a  delicate  spine.  Either 
ramus  is  rather  shallow  in  the  vertical  direction,  and  is  pierced  by  a 
slit-like  **ramal  vacuity,**  exposing  the  presence  of  the  splenial 
element  of  the  jaw.  The  angular  processes  are  lamellar  in  structure, 
and  inclined  somewhat  to  hook  upwards.  They  are  by  no  means  in- 
conspicuous in  P.  lobatus. 

With  respect  to  the  characters  of  the  remainder  of  the  skeleton,  they 
may  well  be  seen  in  a  specimen  of  the  species  I  have  just  named.  I 
find  twenty-one  free  vertebrae  in  its  spinal  column  before  arriving  at  the 
pelvis.  Counting  from  the  skull,  the  fourteenth  vertebra  supports  a  pair 
of  tiny  free  ribs,  while  those  on  the  fifteenth  are  considerably  longer, 
though  they  do  not  reach  the  sternum,  there  being  no  costal  ribs  for 
them.  There  are  six  pairs  of  true  vertebral  ribs,  all  being  very  deli- 
cately constructed,  as  are  their  long  slender  unciform  processes.  The 
haemapophyses  of  the  one  pair  of  pelvic  ribs  do  not  reach  the  sternum, 
and  there  is  a  tiny  **  floating**  pair  of  the  former  kind  behind  them. 

The  dorsal  vertebrae  fit  very  closely  together  in  their  articulations, 
and  their  metapophyses  are  notably  long. 

TYiQ  pelvis  is  a  very  thin,  light,  and  open  structure.  Anteriorly,  the 
iliac  margins  are  rounded  off  in  front,  and  these  bones  do  not  meet 
over  the  crista  of  the  sacrum.  The  parial  foramina,  two  rows  upon 
either  side  of  the  middle  line  of  the  bone,  are  large  and  open  among 
the  lateral  processes  of  the  fused  vertebrae  of  the  sacrum,  lending  to 
the  pelvis  a  peculiarly  frail  appearance,  already  noted  above.     At  the 


20  Annals  of  the  Carnegie  Museum. 

lateral  aspect  we  find  the  rather  extensive  obturator  space  separated  by 
bone  from  the  foramen  of  the  same  name.  Behind,  the  post-pubic 
style  is  long  drawn  out  and  drooping  upon  either  side,  and  the  pos- 
terior foot  of  the  ischium,  which  is  applied  to  the  superior  margin  of 
the  same,  is  notably  long  and  slender.  Upon  the  nether  side  we  find 
but  one  pair  of  the  lateral  processes  of  the  sacral  vertebrae,  thrown 
out,  modified,  and  lengthened  to  act  as  braces  opposite  the  acetabulae. 
There  appear  to  be  seven  free  vertebrae  in  the  skeleton  of  the  tail,  and 
to  these  is  to  be  added  a  squarish  and  rather  large  pygostyle. 

The  sternum  of  P,  lohatus  (as  well  as  other  species  of  the  genus) 
has  essentially  the  same  pattern  as  the  sternum  of  any  typical  Plover, 
as  for  instance  C,  squataroia.  Its  carina  is  ample,  with  the  carina! 
angle  in  front  rather  prominent  and  jutting,  which  in  some  degree  is 
caused  by  the  concavity  of  the  anterior  border  of  the  keel.  Posteriorly 
the  sternal  body  is  twice  notched  upon  either  side,  while  the  ma- 
nubrium is  small,  and  the  costal  processes  triangular,  broadish,  but 
not  particularly  high. 

Os  furcula  of  the  shoulder-girdle  is  of  the  U-pattern,  being  much 
bowed  to  the  front,  and  with  a  small  hypocleidium  below.  Either  free 
clavicular  extremity  develops  near  its  pointed  end  upon  its  outer  as- 
pect a  shoulder,  supporting  a  small  facet  for  articulation  with  the  head 
of  the  corresponding  coracoid.  When  articulated  in  situ^  this  pointed 
extremity  rides  well  over  the  clavicular  process  of  the  scapula,  being 
at  the  same  time  in  contact  with  it. 

The  coracoids  are  short,  but  not  especially  stout,  the  shaft  being 
straight  with  its  sternal  extremity  much  expanded.  Here  we  find  three 
processes,  so  often  to  be  observed  among  the  water  birds  at  large.  Of 
these,  one  is  at  either  extremity  of  the  sternal  facet  of  articulation,  and 
the  other  is  a  conspicuous  lateral  one,  triangular,  and  lamelliform, 
being  almost  exactly  as  we  find  it  in  Aphriza  and  other  types. 

The  blade  of  the  scapula  is  somewhat  expanded  for  its  posterior  moiety, 
and  its  apex  is  truncated  obliquely  from  within  outwards  and  back- 
wards. Its  way  of  articulation  with  the  os  furaila  has  already  been 
described  above. 

Phalaropes  have  non -pneumatic  limb-bones  throughout.  The  hu- 
merus is  long,  and  its  shaft  is  nearly  straight.  At  the  proximal  end 
the  ulnar  crest  is  prominent  and  overshadows  an  extensive  concavity ; 
the  radial  crest  is  not  nearly  so  well  developed.  Distally  above  the 
oblique  tubercle  an  epicondylar  process  juts  out,  and  indeed  the  whole 


Shufeldt  :  Osteology  of  the  Limicol^.        21 

< 

bone  has  much  the  form  of  the  humerus  as  seen  in  Charadrius  domin- 
icus.  The  radius  and  ulna  present  nothing  very  peculiar,  and  the 
latter  is  but  little  bowed  along  the  continuity  of  its  shaft.  The  row 
of  nibs  for  the  secondary  quill -butts  are  present. 

The  distal  phalanx  of  the  index  digit  is  long  and  slender,  and  the 
expanded  portion  of  the  proximal  generally  exhibits  two  small  perfor- 
ations, as  in  the  Laridce.  The  index  and  medius  metacarpal  are  nearly 
straight,  the  latter  being  very  slender. 

Passing  to  Xht  pelvic  limb  we  find  the  short,  straight  y5?/«2/r  to  possess 
a  length  just  equal  to  half  the  length  of  the  tibio-tarms.  Its  head  is 
sessile  on  the  shaft,  and  the  trochanter  is  moderately  raised  above 
the  articular  summit  of  the  bone.  In  the  tibio-tarsus  the  cnemial  crests 
are  conspicuous,  especially  the  inner  one,  and  in  fact  they  almost  exactly 
resemble  in  form  those  parts  in  miniature,  as  we  observe  them  in  a  Ful- 
mar. The  lower  part  of  the  fibula  is  of  hair-like  dimensions.  The 
hypotarsial  process  of  the  tarso-metatarsus  is  small  and  subcubical  in 
form,  being  both  pierced  and  grooved  for  tendons.  The  accessory 
metatarsal  is  suspended  above  the  distal  trochleas,  and  the  hallux  digit 
is  small  and  feeble.  As  to  the  other  toes,  their  basal  joints  are  the 
longest  in  any  case,  and  they  gradually  diminish  in  length  as  we  proceed 
in  the  direction  of  the  terminal  ungules. 

Comparative  Osteology  of  the  Plovers, 

(Skeletons  of  representative  species  of  the  genera  Vanellus,  Charadrius 

and  yEgialitis  examined. ) 

A  number  of  years  ago  in  my  article  on  the  osteology  of  y^,  mon- 
tana,  a  bird  at  that  time  designated  by  American  ornithologists  as 
Podasocys  montanus,  I  remarked  that  '*  there  has  always  been  something 
strikingly  columbine  to  me  in  the  outward  appearance  of  a  plover's 
head  —  a  similitude  that  is  by  no  means  shaken  when  we  come  to  ex- 
amine the  prepared  skull,  in  which  so  many  of  the  bones  are  arranged 
as  they  are  in  the  cranium  and  face  of  a  pigeon.**  The  skull  of  y^. 
montana  is  extremely  light  and  fragile,  due  to  the  access  of  air  to 
numerous  cells  in  certain  parts  of  its  interior,  and  likewise  to  a  gener- 
ous supply  of  diploe  in  other  localities.  I  find  in  the  chick  of  the 
plover  only  a  few  days  old,  that  the  premaxillae  have  thoroughly  coa- 
lesced along  the  culmen  of  the  beak  for  its  outer  or  anterior  third,  but 
the  suture  dividing  them  posteriorly  along  the  nasal   process  of  these 


22  Annals  of  the  Carnegie  Museum. 

bones  is,  at  this  tender  age,  distinctly  visible,  whereas  all  the  sutures 
in  the  face  become  obliterated  in  the  adult.* 

Posteriorly  along  its  dentary  border  the  premaxillary  throws  back- 
wards two  processes,  each  of  which  articulates  by  squamous  sutures ; 
the  first  and  longer,  the  maxillary,  with  the  maxillary  bone  ;  the 
second,  or  shorter,  the  palatine  process  of  the  preraaxilla,  with  the 
palatine.  This  arrangement  is  found  in  all  of  our  plovers.  Several 
formina  are  seen  on  the  sides  of  the  culmen  beyond  the  anterior  bor- 
der of  the  nostril. 

The  nasals  have  each  a  broad  expansion  in  front  of  the  frontals, 
where  they  articulate  with  each  other  along  the  median  line  as  far  for- 
wards as  the  nasal  process  of  the  premaxilla ;  here  they  contract  and  dip 
under  that  bone  on  either  side,  conforming  themselves  to  its  width  and 
form,  still  so  as  to  articulate  with  each  other  beneath  it,  as  far  forwards 
as  the  prolongation  of  the  premaxillary,  where  they  slightly  diverge 
from  each  other,  to  terminate  in  pointed  extremities.  Posteriorly, 
the  nasals  throw  down,  obliquely  forwards,  straight  bars  of  bone,  which 
bound  the  osseous  nostrils  behind,  to  be  carried  forwards  over  the 
maxillae  on  either  side,  to  the  maxillary  process  of  the  premaxilla, 
where  they  articulate  by  squamous  sutures  beneath  the  bone. 

This  arrangement  of  the  nasals  is  very  much  as  we  find  it  in  the 
pigeon  (C  livia^  ;  and,  as  in  the  pigeon,  the  aperture  forming  the 
bony  nostril  is  long  and  very  open.  Both  are  schizorhinal  birds.  The 
mesethmoid  extends  well  forwards  in  the  plovers,  thus  affording  above 
a  spreading  table  for  the  frontals,  nasals,  and  premaxilla  to  rest  upon. 

The  lacrymals  in  Vanellus  and  yEgialitis  are  not  very  large  bones, 
and  in  the  adult  they  anchylose  with  the  anterior  margins  of  the  fron- 
tals, where  they  form  the  rounded  anterior  terminating  margins  of  the 
orbital  peripheries.  In  C  squatarola  this  part  of  a  lacrymal  is  more 
jutting  and  conspicuous,  owing  to  the  fact  that  the  anterior  foramen  of 
the  supraorbital  gland  is  in  that  species  converted  into  a  deep,  rounded 
notch.  In  ^.  montana,  a  lacrymal  sends  down  an  attenuated  pro- 
cess that  fuses  with  the  outer  margin  of  the  antorbital  plate,  or 
lateral  mass  of  the  mesethmoid.  From  this  margin  the  lacrymal  de- 
velops two  spine-like  processes,  which  project  fon\'ards,  the  upper  one 
being  the  longer,  the  lower  one  almost  touching  the  maxillo-jugal  bar. 
These  spine-like  processes  are  absent  in    Varullus^   and  very  much 

1  As  I  transcribe  these  remarks  from  my  memoir  in  iht  Journal  of  Anatomy  I  am- 
plify them  by  the  use  of  the  more  extensive  material  now  at  hand. 


Shufeldt  :    Osteology  of  the  LiMicoLiE.  23 

aborted  in  the  Killdeer  Plover,  where  the  descending  process  of  the 
the  lacrymal  is  much  broader  and  fuses  more  completely  with  the  pars 
plana. 

Varying  in  size  in  the  different  species,  the  pars  plana  long  remains 
cartilaginous  in  the  plovers,  but  eventually  becomes  a  quadrate  osseous 
partition,  quite  effectually  separating  the  orbit  from  the  rhinal  cham- 
ber. An  irregular  foramen  for  the  passage  of  the  nerves  always  occurs 
above  it,  being  very  large  in  CharadriuSy  owing  to  the  comparatively 
smaller  size  of  its  antorbital  plate. 

The  vomer  of  the  fountain  Plover  is  an  extremely  delicate  and 
elongated  bone  ;  in  front  it  runs  out  into  a  free  and  needle-like  point, 
while  posteriorly  it  is  bifurcated  so  as  to  articulate  with  the  palatine  upon 
either  side.  It  glides  freely  beneath  the  anterior  pointed  end  of  the 
rostrum. 

Turning  our  attention  to  the  palatine  bone,  we  find  that  on  either 
aspect  it  forms  the  osseous  roof  of  the  mouth  by  sending  forwards  a 
tapering  prepalatine  to  anchylose  with  the  maxillary  and  premaxillary  at 
their  junction.  The  postpalatine  portion  of  the  palatine  is  expanded, 
and  it  is  separated  from  the  fellow  of  the  opposite  side  in  front,  where 
the  inner  margin  dips  down  to  form  the  *' internal  lamina"  of  the 
palatine  bone.  Outwardly  the  bone  is  produced  still  further  down  to 
form  the  **  external  lamina."  The  pterygoidal  processes  of  the  pala- 
tines are  in  contact  with  each  other,  while  the  **  ascending  processes  " 
articulate  with  the  forks  of  the  vomer  as  already  pointed  out  above. 
The  maxillo-palatines  are  elegant  scroll -like  laminae  of  bone,  often  per- 
forated by  a  few  foramina.  Posteriorly,  they  do  not  normally  come  in 
contact  with  the  palatines  on  either  hand,  or  with  the  vomer  above 
them.  Anteriorly  each  bone  has  two  processes ;  one,  the  stouter, 
connecting  it  with  the  palatine  ;  the  other,  much  more  slender,  with 
the  maxillary,  while  between  the  two  a  circular  foramen  is  thus  pro- 
duced. 

In  all  our  Plovers  the  zygoma  is  a  very  straight  bar  of  bone,  and 
somewhat  slender  in  its  proportions. 

The  superior  periphery  of  an  orbit,  formed  by  the  frontal  and  nasal 
of  the  corresponding  side,  is  uniformly  tilted  upwards  all  along  its  con- 
tinuity. Within  this  raised  orbital  rim,  upon  either  side,  we  find  the 
well-marked  depressions  for  the  supra-orbital  glands,  pierced  along 
their  bases  by  minute  foramina,  the  largest  perforation  being  at  the 
anterior  end.     In   C  squatarola  these  glandular  depressions  pass  be- 


24 


Annals  of  the  Carnegie  Museum. 


yond  the  osseous  orbital  border  in  front,  the  gland,  during  life,  resting 
there  upon  the  tissues  that  overlie  the  eyeball  superiorly. 

This  tilting  up  of  the  superior  orbital  borders  is  best  marked  in  the 
curious  skull  of  M.  stmipalmata,  where  it  offers  a  very  striking  feature. 
In  it,  too,  the  supra-orbital  glandular  depressions  are  very  distinct,  and 


Tiy.!. 


Fic,  1.  A  side  view  of  Ihe  forepart  of  Ihe  skull  of  Cliaradrius  pluviti/is  enXat^eA, 
jl/j,  maiillary  ;  Afxp,  maxiUo-paUtine ;  PI,  palatine  ;  Au,  nasal  ;  />,  frontal  ;  Et/i, 
■ethmoid  ;  L,  laetymal ;  J'mx,  premaxillory.     (  After  Huxley.) 

Fig.  3.  Under  view  of  the  same  (C.  filuvialii)  partially  dissected  and  enlarged. 
■(After  Huxley.) 

Feg.  3.  Skull  of  Charadrins  squalarala  ;  superior  view.  (Si)ec.  7963,  Coll,  U. 
S.  Nat.  Mus.) 

Fig.  4.  Left  lateral  view  of  the  mandible  of  Charaiirius  sqiialarola.  Natural 
size.      Figs.  3  and  4  drawn  by  the  author. 

they  each  terminate  anteriorly  in  a  single,  large  subcircular  foramen, 
situated  well  within  the  external  edge  of  the  orbit. 

The  fron  to -parietal  vault  of  the  cranium  is  very  smooth  and  rounded 


Shufeldt:    Osteology  of  the  Limicol^e.  25 

externally,  and  is  very  thin  in  ^,  montana  —  thicker  in  the  Golden 
Plover.  A  large  vacuity  absorbs  almost  entirely  the  interorbital  sep- 
tum below,  merging  with  the  foramen  rotundum  behind.  Separated 
by  an  osseous  horizontal  lamina,  there  exists  above  this  another  large 
vacuity,  the  forward  extension  of  the  foramina  for  the  first  pair  of 
cranial  nerves,  which  are  greatly  increased  in  size. 

At  the  back  of  the  cranium  there  is  a  fairly  well  pronounced  supra- 
occipital  prominence  pierced  upon  either  side  by  an  oval  foramen. 

In  examining  the  base  of  the  cranium  in  a  young  chick  of  the 
Killdeer  Plover  (y^.  vociferd)  I  observe  that  the  bony  bridge  that  lies 
between  the  supra-occipital  foramina  is  formed  by  the  supra-occipital 
itself;  it  is  cleft  above  at  this  stage,  and  stouter  lateral  masses  are  seen 
on  either  side  of  it.  The  basi-temporal  is  still  distinct  as  an  element, 
as  are  the  ex-  and  basi-occipitals.  At  the  side  we  find  that  the  squa- 
mosal  sends  upwards  an  ascending  process,  long  and  slender,  which 
overlaps  the  posterior  third  of  the  rounded  margin  of  the  frontal,  and 
itself  makes  the  periphery  of  the  orbit.  This  bone  below  develops  a 
**  zygomatic  process,'*  marked  by  a  semicircular  nick  at  its  extremity, 
which  arches  over  the  articulation  for  the  quadrate.  In  adults  a  sphe 
notic  process  is  fully  developed.  The  occipital  condyle  is  small  and 
circular,  with  the  notochordal  notch  nearly  obliterated. 

With  respect  to  the  quadrate,  it  is  peculiar  only  in  having  its  pro- 
cesses and  shaft  much  compressed  and  plate-like.  The  orbital  spur, 
making  up  nearly  half  the  bone,  is  a  quadrilateral  lamina,  with  its  base 
applied  to  the  entire  length  of  the  body  of  the  shaft  of  the  quadrate 
proper.  A  long  narrow  condyle  surmounts  the  otic  process,  placed  at 
right  angles  to  this  orbital  offshoot,  and  the  pit  for  the  quadrato-jugal 
occupies  the  summit  of  the  outstanding  lateral  mandibular  process. 
Rather  undue  shortening  takes  place  in  the  shaft  of  a  pterygoid,  owing 
to  the  far  backward  reach  of  the  palatine  and  the  great  size,  on  the 
other  hand,  of  the  quadrate.  Basi-pterygoidal  processes  are  present  and 
articulate  with  facettes  at  the  base  of  the  sphenoidal  rostrum. 

The  hyoidean  arches  are  very  delicately  constructed,  but  present 
nothing  peculiar  ;  they  are  described  for  other  limicoline  birds  be- 
yond. 

The  mandibular  elements  fuse  together  early  in  all  true  plovers,  and 
in  the  chick  the  ramal  fenestra  is  not  obvious,  whereas^  as  the  bird  ma- 
tures, a  small  slit-like  opening  makes  its  appearance. 

The   posterior    angular  processes    of  the  lower  jaw  are  recurved 


26  Annals  of  the  Carnegie  Museum. 

spines  of  bone  slender  in  comparison  with  the  rather  massive  intumed 
angular  processes,  each  of  which  is  pierced  near  its  apex  with  the 
pneumatic  foramen,  seen  in  so  many  of  the  class.  The  rami  of  the 
mandible  of  this  mountain  plover  make  a  very  acute  angle  with  each 
other,  and  the  upper  margins  are  quite  sharp,  while  they  are  rounded 
inferiorly.  Ossifications  of  the  organs  of  special  sense,  as  the  eye  and 
ear,  present  nothing  but  their  usual  ornithic  characters. 

Of  the  Axial  Skeleton.  —  Twelve  vertebrae,  including  the  atlas  and 
axis,  are  found  in  the  spinal  column  of  the  neck  of  all  of  our  plovers. 
The  cup  of  the  atlas  is  roundly  notched  behind  to  its  center,  and  the 
axis  possesses  a  knob-like  neural  spine.  In  the  third  vertebra  this 
process  becomes  a  small  compressed  square  lamina,  and  in  this  segment, 
too,  we  find  an  extensive  quadrate  hypapophysis  below,  and  a  minute 
foramen  on  either  side,  in  the  bony  plate  joining  the  zygapophyses. 
These  features  reappear  in  the  fourth  vertebra,  but  the  foramen  men- 
tioned has  so  increased  in  size  here  that  it  is  reduced  to  a  mere  inter- 
zygapophysial  bar.  In  the  fifth,  sixth,  seventh  and  eighth,  the  neural 
spine  has  disappeared ;  the  hypapophysial  plates  are  longer  and  shal- 
lower ;  the  parapophyses  persist  as  parial  and  at  the  same  time  lateral 
spines,  directed  posteriorly.  The  last  four  vertebrae  of  the  twelve 
under  consideration  are  modified  for  the  carotid  canal.  Upon  them 
the  neural  plates  are  suppressed.  These  four  vertebrae  are  the  longest 
in  the  neck,  and  their  post-zygapophyses,  diverging  from  each  other, 
reach  well  backwards.  In  several  respects  the  thirteenth  and  fourteenth 
vertebrae  are  peculiar,  and  differ  from  the  leading  twelve  cervicals. 
They  are  broader,  wider,  and  each  supports  a  pair  of  free  ribs  with 
well-developed  tuberciila  and  capitula ;  the  second  pair,  or  those  on 
the  fourteenth  vertebra,  may  bear  uncinate  processes,  situated  low 
down  on  the  rib.  The  neural  spines  are  still  suppressed,  but  the  hypo- 
pophyses  again  make  their  appearance  mesiad  and  beneath  the  centra ; 
in  the  thirteenth  it  consists  of  a  single  plate,  while  in  the  fourteenth 
a  lateral  offshoot  springs  from  each  side  of  this,  so  that  three  lamelli- 
form  prongs  are  present  in  that  segment.  A  deep  pit,  with  overhang- 
ing brim  on  each  side  of  the  centrum,  is  for  the  first  time  observed  in 
these  two  vertebrae  as  we  descend  the  series.  It  becomes  wider  and 
shallower  as  we  pass  through  the  vertebrae  beyond,  but  does  not  dis- 
appear until  we  pass  to  those  united  to  form  the  sacrum. 

The  succeeding  six  vertebrae,  or  the  fifteenth  to  the  twentieth  in- 
clusive, are  all  free,  and  all  support  true  vertebral  ribs  that  articulate 


Shufeldt  :    Osteology  of  the  Limicol*. 


27 


with  the  sternum  by  the  means  of  costal  ribs  or  hsemapophyses.  The 
neural  spine  is  well  pronounced  in  the  first  (fifteenth)  of  this  series, 
but  in  the  remaining  five  it  is  a  lofty  median  crest,  each  interlocking, 
before  and  behind,  at  the  angles  at  the  summit,  in  a  schindylesial 
articulation.  Transverse  processes  stand  out  horizontally  from  these 
vertebrie,  and  needle-like  metapophyses  connect  them  in  several  in- 
stances, though  they  do  not  quite  meet  in  every  case.  The  fifteenth 
and  sixteenth  vertebrae  retain  the  hypapophysial  processes,  being  triple 
in  the  former,  while  in  the  latter  it  becomes  single  again,  long  and  tri- 
angular. In  the  remaining  four  it  is  entirely  absent.  The  vertebral 
ribs  are  quite  slender,  and  all  support  long  unciform  processes,  which  in 
the  adult  articulate  with  their  posterior  borders  ;  the  costal  ribs  become 
longer  as  we  proceed  backward  in  the  direcrion  of  the  pelvis. 

There  are  twelve  vertebras  in  the  pelvic  sacrum,  and  from  this  com- 
pound bone,  during  ordinary  maceration,  the  true  bones  of  the  pelvic 


Fig.  5.  Pelvis  of  Charadritu  dominuus,  iiewed  from  above  ;  natural  siie  (Speci- 
men No,  16,715  ;  Collection  of  the  Smilhsoman  Instttulion.  Collected  by  the  Point 
Barrow  Expedition  of  iSSa  in  Alaska)       B)  the  author. 

Fig.  6.  Sternum  of  Charadnm  domtni  us,  pectoral  aspect ;  natural  siie.  Bj  the 
author,  from  the  same  specimen  which  furnished  the  pelvis  for  Fig.  5, 

girdle  are  easily  detached.  The  first  four  sacral  vertebrae  throw  out 
their  lateral  processes  as  abutments  against  the  nether  sides  of  the 
spreading  ilia  ;  and  above,  these  last-named  bones  meet  the  sacral  crista 
but  not  each  other  across  it.  There  is  a  pair  of  slender  pelvic  ribs, 
but  their  hiemapophyses  fail  to  reach  the  costal  borders  of  the  sternum. 
They  articulate  with  the  hinder  borders  of  the  last  pair  that  do.     The 


28  Annals  of  the  Carnegie  Museum. 

next  five  following  sacral  vertebrae  are  compressed  from  above  down- 
wards, allowing  for  a  swell  in  the  neural  canal  within,  which  is  to  ac- 
commodate that  enlargement  which  here  takes  place  in  the  myelon. 
The  ninth  sacral  vertebra  has  its  transverse  processes  strengthened  and 
lengthened  to  act  as  sustaining  abutments  opposite  the  acetabulae.  To 
still  further  insure  strength,  the  outer  ends  of  these  processes  are  verti- 
cally expanded. 

Four  rows  of  interapophysial  foramina,  two  upon  either  side  of  the 
sacrum,  constitute  one  of  the  main  features  of  the  pelvis  of  a  plover, 
when  we  come  to  regard  it  upon  its  dorsal  aspect. 

Either  post-pubic  style  is  of  nearly  uniform  caliber,  and  is  produced 
considerably  beyond  the  ischia  behind.  The  posterior  extremity  of 
either  ischium  is  produced,  long  and  pointed,  and  rests  during  the  life 
of  the  bird,  against  the  upper  surface  of  the  post-pubic  style.  Mergence 
of  the  obturator  space  and  the  small  obturator  foramen  may  or  may 
not  take  place.  It  even  may  vary  for  the  same  species  or  be  different 
on  the  two  sides  of  the  same  pelvis.  I  must  note  here  that  in  a  pelvis 
of  a  Killdeer  Plover  before  me  the  ilia  do  not  meet  the  sacral  crista ; 
that  character  does  not  go  for  much,  however.  Including  the  pygo- 
style,  from  seven  to  eight  vertebrae  make  up  the  skeleton  of  the  tail  in 
Plovers.  I  find  eight  in  Ai.  vocifera,  and  seven  in  y^.  montana. 
Vanellus  also  has  eight.  Probably  specimens  of  the  Mountain  Plover 
will  eventually  come  to  hand  having  eight  of  them,  also. 

Coming  next  to  the  sternum  and  shoulder-girdle^  I  find  the  entire  ap- 
paratus to  be  non-pneumatic  in  nature.  No  foramina  are  to  be  ob- 
served. 

The  OS  furcula  is  the  perfect  miniature  of  that  bone  as  it  occurs  in 
much  larger  birds  of  the  present  suborder,  Nutnenius  longirostrisy  for  in- 
stance. The  clavicular  limbs  are  of  uniform  thickness  throughout,  and 
only  very  slightly  increased  in  bulk  where  they  unite,  mesiad  and 
below,  to  support  a  small  quadrilateral  hypocleidium.  Substantially,  the 
method  of  articulation  of  the  shoulder-girdle  bones  with  each  other  is 
the  same  as  we  found  it  among  the  Phalaropes.  The  form  of  the  cora- 
coid  is  almost  identically  the  same  in  ^,  vocifera  and  Phalaropus 
lobatus  and  there  is  very  little  difference  in  the  shape  of  the  scapulae 
—  either  species  having  the  bone  fully  twice  as  long  as  the  shaft  of  a 
coracoid ;  and  in  yE.  ?nontana  its  blade  is  curved,  broad,  and  rounded 
at  its  posterior  extremity.  It  reaches  well  back  towards  the  ilium,  over- 
lapping the  ribs. 


Shufeldt:    Osteology  of  the  Limicol^.  29 

The  manubrium  of  the  sternum  is  a  stumpy  process,  shaped  like  a 
wedge,  being  notched  above  and  sharp  below.  Above  this  process  the 
coracoidal  grooves  nearly  meet  at  a  point  in  the  mesial  plane  at  its 
base,  while  the  lateral  processes  of  the  same  name,  of  a  triangular 
form,  rise  only  to  a  moderate  degree  above  the  superior  margin  of  the 
bone,  to  bear  along  the  posterior  border  of  either  one,  the  facettes  for 
the  costal  ribs,  six  on  each  side. 

The  xiphoidal  extremity  of  the  body  of  the  sternum  of  yE,  viontana 
is  four-notched,  the  notches  being  deep,  and  giving  rise  to  five  proc- 
esses, a  median  one,  the  under  surface  of  which  supports  the  hinder 
part  of  the  carina,  and  a  pair  on  each  side  of  it.  In  Vanellus  the 
inner  pair  of  perforations  are  subelliptical  foramina  and  not  notches. 


Fig.  7.  Pelvis  of  Charadrius  dominicus^  right  lateral  view.  Natural  size 
(Spec.  16715  Coll.  U.  S.  Nat.  Mus. ). 

Fig.  8.  Pygostyle  and  last  caudal  vertebra  of  Charadrius  dominicus ;  right 
lateral  view.     Natural  size.     Same  specimen. 

In  the  sternum  of  a  Killdeer  Plover  at  my  hand  (y:^.  vocifera)  the 
inner  notch  on  the  right-hand  side  is  also  converted  into  a  foramen.  C. 
squatarola  has  them  as  in  ^.  montana.  Viewed  laterally  the  sternum 
of  a  Plover  very  closely  resembles  that  bone  as  we  see  it  in  Aphriza 
virgata  ;  indeed,  in  so  far  as  shape  is  concerned,  irrespective  of  mere 
size,  this  bone  is  of  a  very  uniform  pattern  throughout  the  majority 
of  our  typical  Lhnico/ce  —  the  Woodcock,  (^Fhi/ohcia^)  and  Wilson's 
Snipe,  (  GanindgOy )  being  conspicuous  departures  therefrom. 

Ossification  in  Plovers  is  normally  extended,  as  in  so  many  other 
birds,  to  the  plate  of  the  superior  larynx,  the  rings  of  the  trachea,  and 
a  few  tendons  and  sesamoids. 

Of  the  Appendicular  Skeleton.  —  The  chief  point  of  interest  that 
attaches  to  the  limbs  of  our  Plovers  is  that  they  are,  in  every  case, 
absolutely  non-pneumatic,  both  the  pectoral  and  pelvic  extremities 
presenting,  in  all  the  bones  that  compose  them,  those  characters,  after 
maceration,  so  well  described  by  Hunter.^  The  long  bones  are  also 
non -pneumatic  in  Gallinago  and  Philohela^  which  are  other  birds  of 

*  Observations  on  the  Animal  QCconomy,  Palmer's  ed.,  8vo,  1837,  p.  178. 


30  Annals  of  the  Carnegie  Museum. 

not  very  dissimilar  volatorial  habits.     All  the  bones  of  the  limbs  in 
Plovers  are  impressed  with  the  more  usual  ornithic  characters. 

In  the  humerus  we  find  the  proximal  extremity  well  expanded,  and 
a  strongly  marked,  curling  crest  overshadowing  the  usual  site  of  the 
pneumatic  foramen  in  birds  where  it  is  present.  The  **  preaxial  ridge  *  * 
is  shorter  than  we  usually  find  it,  that  is,  it  does  not  extend  so  far  down 
the  shaft ;  this  shortening,  however,  is  not  accompanied  by  any  dimi- 
nution in  the  height  of  this  ridge. 

The  humeral  shaft  is  straight  and  subcylindrical  on  section  ;  its 
distal  extremity  supports  the  usual  points  for  examination,  and  the 
epicondyloid  spur  is  well  developed.      (See  Fig.  9.) 

Both  radius  and  ulna  are  moderately  bowed  along  the  continuity  of 
their  shafts,  and  the  row  of  quill-butts  are  ranged  along  that  of  the 


Fig.  9.  Left  humercw  of  Charadrius  dominicus^  palmar  aspect  ;  natural  size  ;  by 
the  author,  from  specimen  16,715  of  the  Smithsonian  Collection  (taken  at  Point  Bar- 
row, Alaskan  Expedition  of  1882). 

latter.  There  are  a  dozen  of  these  in  Vanellus.  The  skeleton  of  the 
hand  in  any  true  Plover  is  a  long  one,  and  in  C.  squatarola  that  seg- 
ment is  fully  as  long  as  the  skeleton  of  the  antibrachium.  The  pol- 
lex  has  one  joint,  the  next  digit  two,  and  the  last,  one ;  there  are 
no  claws  or  spurs  in  the  manus  of  these  birds,  as  seen  in  some  of  the 
Asiatic  forms.  There  is  a  very  remarkable  resemblance  of  the  skeleton 
of  the  pectoral  extremity  of  a  Plover  to  the  corresponding  structures  in 
a  Gull.      (Compare  for  instance  Z.  delawarensis  zxiA  C.  squatarola.) 

The  entire  length  of  the  skeletal  arm  of  ^.  montana  measures  14 
centimeters  —  of  which  the  humerus  takes  4.4  ;  the  ulna  4.6  ;  the  car- 
pus o.  2  ;  the  metacarpus  2.3  ;  and  the  two  phalanges  of  index  digit  2.5. 

In  the  femur  we  notice  that  the  head  is  sessile  on  the  shaft,  and 
placed  nearly  at  right  angles  to  it ;  on  its  upper  surface  the  pit  for 
the  ligamentum  teres  is  seen. 

The  crest  of  the  great  trochanter  is  sharp  and  elevated  above  the 
general  surface  of  the  summit  of  the  shaft.  At  the  distal  end,  the 
outer  or  larger  condyle  falls  but  a  little  below  the  inner  one,  the  groove 
for  the  head  of  the  fibula  being  well  cut  into  it. 

Of  the  two  processes  on  the  anterior  aspect  of  the  head  of  the  tibio- 


Shufeldt  :    Osteology  of  the  Limicol/E.  31 

tarsus y  the  inner  one  is  of  a  broad  quadrilateral  form  inclined  out- 
wardly, while  the  external  one  is  a  rounded,  claw- like,  and  sharp  process, 
curving  downwards.  The  usual  osseous  bridgelet  for  the  confinement 
of  tendons  is  seen  in  front  just  above  the  condyles. 

Tht  fibula  is  a  very  delicate  spicula  of  bone,  reaching  down,  in  the 
articulated  skeleton,  only  half  way  to  the  external  condyle. 

The  hypotarsal  protuberance  of  the  tarso-vietatarsus  is  in  reality 
converted  into  two  processes,  so  deep  is  the  tendinal  grooving  down 
its  posterior  aspect.  In  ^,  montana  the  inner  process  is  the  larger, 
and  sends  from  its  lower  portion  a  sharp  ridge  of  bone  that  is  carried 
down  on  the  shaft  and  gradually  merges  with  it.  The  pits  to  receive 
the  condyles  of  the  tibio-tarsus  on  the  superior  aspect  of  the  head  of 
the  tarso-metatarsus  are  deep,  and  a  knob-like  apophysis  arises  be- 
tween them  on  the  anterior  boundary.  Just  below  this  a  fossa  exists, 
at  the  base  of  which  a  foramen  is  seen,  which  pierces  the  shaft  from 
before  backwards,  coming  out  behind  to  the  inner  side  of  the  larger 
process  of  the  hypotarsus.  In  all  our  plovers  the  shaft  of  this  bone 
of  the  leg  is  long  and  straight,  and  the  mid-trochlea  projects  well  be- 
yond its  fellow  on  either  side.  The  usual  foramen  is  seen  just  above 
its  base  and  on  the  outer  side. 

Among  our  plovers  it  is  only  in  C.  squatarola  and  in  Vanellus  that  we 
find  a  small  hallucial  joint  present,  hung  rather  high  on  the  shaft  of 
the  tarso-metatarsus.     It  is  altogether  absent  in  the  Killdeer  and  others. 
Otherwise  the  podal  joints  are  normal,  both  in  arrangement  and  char- 
acter, so  far  as  the  three  anterior  digits  are  concerned. 

Measuring  from  the  summit  of  the  trochanteric  crest  of  the  femur, 
on  a  straight  line  to  the  apex  of  the  claw  of  the  mid-digit  in  the  skele- 
ton of  the  leg  in  yE.  fnontanay  we  find  it  to  be  in  the  adult  male,  15.5 
centimeters  in  length.  Of  this  the  femur  takes  3.0,  the  tibio-tarsus 
5.6,  the  metatarsus  4.2,  and  the  mid-digit  2.7  centimeters. 

With  respect  to  its  skeleton,  no  true  Plover  will  depart  in  any 
marked  degree  from  the  pluviitline  skeletal  characters  as  they  have 
been  set  forth  in  the  above  account. 

On  the  Comparative  Osteology  of  Numenius  longirostris . 

Curlews  agree  with  all  other  true  limicoline  types  in  being  typically 
schizorhinal  birds.      (See  F'ig.  10.) 

In  the  skull  the  iiasal  bones  are  arranged  and  formed  much  as  they 
are  in  the  Phalaropes,  but  without  an  immature  specimen,  which  I  am 


Shufeldt:    Osteology  of  the  Limicol.*:,  33 

sorry  to  say  I  lack,  it  is  impossible  to  tell  how  far  forwards  beneath 
the  culmen,  and  on  the  inner  sides  of  the  premaxillary  the  nasals  are 
extended.  We  have  just  seen  above  that  they  reach  almost  to  the 
tip  of  the  beak  in  Plovers. 

The  premaxillary  is  quite  broad  and  subcompressed  as  it  slopes 
somewhat  gently  away  from  the  frontal  region  of  the  skull  between  the 
nasal  bones.  It  becomes  gradually  narrower  as  it  proceeds  towards 
the  distal  tip,  but  alters  but  little  in  form.  In  an  old  individual  of 
N.  longirostnsy  it  is  nearly  six  times  as  long  as  the  remainder  of  the 
skull,  twice  as  long  as  the  corresponding  parts  in  N.  borealis.  Other 
forms  graduate  between  these  two  ;  in  N.  arquata  it  is  fully  four  times 
as  long,  and  is  more  generally  curved  throughout. 

At  the  point  marked  /  in  Fig.  lo,  and  in  B  of  Fig.  1 1,  the  nasal  meets 
the  maxillary.  Beneath,  and  a  little  beyond  this  point,  the  palatine 
also  merges  with  these  bpneS.  These  elements  thus  unite  to  form  a 
common  rod  that  contracts  immediately  after  the  union  to  a  delicately 
fashioned  stem  to  which  I  have  given  the  name  of  the  subnarinal  bar. 
They  are  seen  on  either  side  of  the  nasal  process  of  the  premaxillary,  at 
first  beneath  the  osseous  narinal  clit,  then  to  pass  under  this  bone,  be- 
coming at  the  same  time  flatter,  more  closely  applied  for  the .  entire 
length,  until  they  merge  into  it  near  the  tip  at  k.  Fig.  lo.  In  N. 
longirostris  these  bones  may  be  pulled  away  from  the  other  part  of  the 
premaxillary,  as  shown  by  the  dotted  lines  in  Fig.  ii,  ^,  and  they 
spring  back  to  their  original  position  when  the  hold  is  released. 

This  is  only  possible  in  those  curlews  that  have  very  long  bills.  It 
is  not  a  particularly  noticeable  feature  in  the  Eskimo  Curlew,  nor  the 
whimbrel.  The  sutures  among  these  bones  are  completely  obliterated 
in  the  adult  skull,  so  it  is  not  possible  to  tell  the  precise  limits  of  the 
several  ones  entering  into  the  composition  of  this  bar  ;  no  doubt  the 
dentary  or  maxillary  process  of  the  premaxillary  takes  a  large  share. 
The  delicate  curling  crest  of  bone  found  just  within  the  nasal  bar 
above,  and  united  with  the  rounded  outer  margin  of  the  premaxillary, 
belongs  to  the  nasal  of  that  side. 

In  N.  hudsonicus  this  character  is  absent,  while,  on  the  other  hand, 
it  is  exaggerated  in  N.  borealis^  in  which  bird  the  entire  rhinal 
chamber  seems  to  be  filled  with  this  enlarged  bone,  here  forming  a  hol- 
low sub-cylinder,  which  meets  a  similar  cylindrical  formation  of  the 
maxillo-palatine  coming  from  below.      (Compare  c  and  d,  Fig.    12.) 

We  find  the  vomer  to  be  a  very  well  developed  bone  in  N.  lon- 
3 


34 


Annals  of  the  Carnegie  Museum. 


^rostris.  It  is  a  thin  spearhead -shaped  lamina  of  bone,  pointed  in 
front,  bifurcated  behind,  where  either  fork  fuses  with  the  ascending 
process  of  the  corresponding  palatine.  On  the  under  side  of  this 
horizontally  disposed  vomer  there  is  a  thin,  vertical,  median  crest, 
which  in  front  merges  into  the  free  pointed  extremity,  while  posteriorly 
it  is  produced  backwards  by  two  vertical  plates  which  grasp  and  ride 
upon  the  rostrum.  These  latter  are  the  bifurcations  to  which  I  have 
just  alluded.     In  N.  kudsonicus  and  N.  phaopus  the  anterior  tip  of  the 


Fm.  II.  Basal  and  superior  views  of  Ihe  skull  of  Nuimniiu  longimslris,  natural 
siie  ;  A,  the  Ijasal  view,  lower  mandible  removed  ;  H,  the  superior  view,  like  lettering 
designating  like  parts,  pmx,  premaiillary  ;  i',  vomer  ;  //,  palatine  ;  '«,  maxillary  ;  «, 
nasal  ;  ith,  lateral  wing  of  ethmoid  ;  /,  lacrymal  ;  q,  quadrate  ;  //,  pterygoid  ;  fm, 
foramen  magnum  ;  j/,  supra-occipital  foramen  ;  also  in  A,  sn,  the  subnarinal  bar,  and 
m'  its  position  in  dotted  lines  as  drawn  away  from  the  premaxillary  on  either  side. 
In  B,  1,  the  point  of  meeting  of  nasal  and  maxillary. 

vomer  is  bifurcated.  As  a  rule  the  ma\illo-pa!atines  are  not  as  much 
curled  as  we  find  them  in  (he  Plovers,  and  the  imion  with  the  i>alatine 
is  more  extensive.  As  in  the  Plovers,  however,  they  are  riddled  with 
perforating  foramina ;  more  frequently  the  foramina  in  either  maxillo- 
palatine  plate  merge  into  two  regularly  suboval  ones. 


Shufeldt  :    Osteology  of  the  LiMicoLiE.    ,  35 

The  postpalatine  portion  of  the  palatine  is  broadish  with  its  lamina 
and  process  strongly  developed.  These  bones  are  well  separated  from 
each  other  beneath  the  rostrum,  and  the  pterygoid  process  is  turned 
outwards.  Taken  in  proportion  to  the  size  of  the  bird,  the  prepala- 
tine  portion  of  the  palatine  is  relatively  shorter  in  N.  longirostris  than 
in  any  other  species,  while  N,  hudsonicus  and  N.  phceopus,  with  their 
comparatively  longer  crania,  have  that  portion  of  the  palatine  corre- 
spondingly lengthened  out. 

The  iacrymai,  though  small,  stands  out  quite  prominently  at  the  an- 
tero- superior  orbital  border.  It  articulates  largely  with  the  nasal,  and  in 
all  curlews  sends  down  a  slender  bony  style  which  unites  with  the  upper 
and  outer  angle  of  the  pars  plana,  by  which  means  a  large  foramen  in 
this  locality  is  encircled.  These  ethmoidal  wings  have  the  same  general 
appearance  in  all  the  members  of  the  genus.  Each  one  is  a  quadri- 
lateral plate,  projecting  nearly  at  right  angles  from  the  mesethmoid,  to 
form  an  ample  partition  between  the  rhinal  and  orbital  cavities. 

The  interorbital  septum  is  never  entire  in  any  of  the  true  curlews, 
but  is  pierced  in  almost  identically  the  same  manner  in  every  species. 
The  forms  of  these  interorbital  vacuities  can  best  be  seen  by  referring 
to  the  several  lateral  views  of  the  skulls  illustrating  this  memoir.  But 
one  specimen  of  the  skull  of  TV.  hudsonicus  lies  before  me,  and  in  that 
the  dividing  bar  between  the  two  openings  is  evidently  broken  out. 
I  have  restored  it  by  dotted  lines  (Fig.  12,  C).  The  pterygoids  are 
comparatively  short  bones  in  all  the  curlews;  more  particularly  so  in 
our  present  subject.  They  are  twisted  and  angular  in  appearance, 
with  sharp  longitudinal  edges.  An  elliptical  facet  occupies  the  middle 
of  the  inner  aspect  of  each,  which  articulates  with  the  basisphenoid 
process  on  either  side. 

Each  quadrate  bone  presents  the  usual  undulatory  surface  upon  its 
mandibular  head  for  articulation  with  the  lower  jaw.  Just  above  this,  on 
the  inner  aspect,  is  a  small,  semiglobular  facet  for  the  cup  on  the  outer 
end  of  the  pterygoid.  The  orbital  process  is  a  quadrate,  lamelliform 
plate  with  truncate  extremity,  while  two  articulating  facets  are  seen  to 
occupy  the  dilated  end  of  the  mastoid  process  of  the  bone.  On  the 
outer  side  we  find  the  usual  cotyle  for  the  projection  on  the  quadrato- 
jugal.  The  form  of  the  quadrate  varies  but  very  little  among  the  other 
representatives  of  this  genus. 

Several  foramina  are  seen  at  the  base  of  the  deep  sunken  cavity  from 
which  the  fifth  pair  of  nerves  issue.     This  is  the  case  in  all  the  spe- 


36  Annals  of  the  Carnegie  Museum. 

cies,  and  this  elliptical  pit  on  the  posterior  wall  of  the  orbit,  just  above 
the  quadrate,  is  quite  a  striking  feature  of  the  skull.  Ossification  is  so 
far  deficient  in  the  interorbital  septum  opposite  the  exit  for  the  optic 
nerves  that  this  aperture  is  here  one  large  circular  opening.  To  its 
outer  side,  however,  separate  and  minute  circular  foramina  exist  for 
the  third  pair.  This  latter  condition  seems  to  be  common  to  all  the 
species.  The  olfactory  nerve  in  the  anterior  part  of  each  orbit  has  for 
its  reception  a  well-marked  canal  that  leads  to  a  foramen  (JV.  longi- 
rosfn's),  or  a  notch  {N.  phceopus),  into  the  rhinal  chamber.  A  side 
view  of  the  skull  presents  for  examination,  in  addition  to  other  points 
already  noticed,  the  osseous  entrance  to  the  ear,  which  is  here  shielded 
behind  by  a  rather  prominent  tympanic  wing.  The  sphenotic  process 
in  all  curlews,  except  X.  horealis,  is  a  long,  sharp-pointed  spine,  and 
even  in  the  excepted  species  it  may  become  quite  long  in  old  birds. 

An  upper  and  lower  spine  project  forward  from  the  squamosal,  over 
the  articulation  for  the  quadrate.  This  feature  is  more  prominent  in 
the  continental  species,  N.  arquata,  than  in  any  of  our  American  forms 
of  curlews,  though  it  is  by  no  means  entirely  absent  on  the  lateral  as- 
pect of  the  skull  of  N,  lon^irostfis. 

In  the  eye  the  usual  sclerotal  plates  are  found  ;  they  are  compara- 
tively small  and  about  twenty  in  number.  The  superior  aspects  of 
curlew  skulls  offer  some  very  diverse  characters.  In  all  the  craniofacial 
region  is  concave  and  traversed  by  a  faint  longitudinal  median  groove 
that  becomes  lost  beyond  on  the  premaxilla.  This  groove  is  deepest 
in  N.  arquata.  In  N.  lon^irostris  the  superior  orbital  peripheries  are 
but  slightly  serrated,  and  the  orbital  roof  just  within  them  is  pierced 
by  but  very  few  minute  foramina. 

The  **  glandular  depressions"  are  shallow.  The  surface  between 
them  is  depressed,  though  the  inner  margins  or  boundaries  of  these 
depressions  are  somewhat  raised  and  prominent.  These  margins, 
in  X.  phicopusy  merge  into  a  single  median  ridge  or  crest ;  the 
orbital  rims  are  decidedly  serrated  with  small  incomi)lete  foraminal 
perforations,  and  the  glandular  depressions  would  hardly  attract  atten- 
tion. 

The  raised  median  line  is  single  and  still  more  prominent  in  .V. 
arquata,  causing  the  depressions  to  aj)pcar  more  concave.  In  my 
specimen  one  large  foramen  is  seen  close  to  the  orbital  rim  on  one 
side,  situated  rather  ])Osteriorly,  with  a  corresponding  notch  on  the 
opposite  side.     In  X,  hudsonicus  the  orbital  rims  are  comparatively 


Shufeldt  :    Osteology  of  the  Limicol^.  37 

smooth  ;  no  evidences  exist  of  the  glandular  depression,  and  the 
region  is  barely  concave  ;  a  minute  foramen  exists  on  each  side  pos- 
teriorly. Numenius  horealis  has  strongly  marked  glandular  depres- 
sions of  a  semilunar  form,  situated  just  within  the  smooth  orbital  peri- 
pheries. A  decided  median  groove  divides  them  longitudinalljj,  which 
in  that  species  is  continued  on  the  culminar  portion  of  the  pre- 
maxilla  for  a  short  distance.  The  glandular  depressions  terminate  an- 
teriorly in  this  curlew,  in  a  notch,  on  either  side,  just  behind  the 
lacrymal  bones.  The  parietal  region  is  smooth  and  globular,  being 
impressed  in  most  of  the  species  by  a  longitudinal  median  groove, 
most  noticeable  in  N.  arguata^  less  so  in  N,  borealis,  least  of  all  in 
N.  phceopus.  Among  the  chief  points  of  interest  in  the  basal  view 
is  the  form  of  the  foramen  magnum.  This  is  nearly  circular  in  N, 
longirostis  and  N.  arquata  ;  cordate  in  N,  phceopus. 

The  condyle  is  small  and  hemispherical  in  all  the  species,  and  has 
situated  beyond  and  on  either  side  of  it,  the  usual  vascular  and  ner- 
vous foramina  seen  in  this  locality  in  ordinary  birds'  skulls. 

Two  large  supraoccipital  foramina,  of  elliptical  outline,  exist  in  our 
present  subject  and  in  N.  arcuaia  ;  these  openings  are  very  small  in 
the  Whimbril,  and  exist  only  on  one  side  in  N.  horealis^  as  a  minute 
perforation. 

The  surrounding  muscular  line  of  the  occiput  is  quite  strongly 
marked  in  all  the  species  ;  least  of  all  in  the  Eskimo  Curlew. 

Within  the  brain-case  we  find  the  tentorial  ridges  quite  prominent, 
well  dividing  the  various  encephalic  compartments.  The  longitudinal 
one  appears  to  be  ungrooved  by  the  sinus. 

Foraminal  openings  occur  in  the  usual  localities  for  the  entrance  or 
exit  of  nerves  and  vessels.  But  little  diploic  tissue  seems  to  be  de- 
posited between  the  tubular  walls  of  the  cranial  vault,  these  latter  being 
quite  thin,  and  composed  of  firm,  compact  bone. 

The  curvature  of  the  mandible  is  almost  identical  with  that  of  the 
upper  bill  or  premaxillary.  When  articulated  with  the  skull  it  is  found 
to  be  in  all  the  species  a  few  millimeters  shorter  than  the  latter  bone. 
In  N.  longirostris  the  rami  separate  and  diverge  from  each  other  at  a 
point  about  midway  between  tip  and  articular  extremity.  Beyond  this 
point  the  mandible  is  in  one  piece,  rounded  beneath  and  with  rounded 
lateral  angles  above.  A  groove  deeply  marks  the  bone  along  its  entire 
course  in  this  portion,  in  the  median  line.  The  rami  still  remain 
rounded  for  some  distance  backwards  after  they  separate  from  each 


as 


Annals  of  the  Carnegie  Museum. 


other,  but,  just  before  they  arrive  at  the  long  slit-like  ramat  vacuity, 

they  dilate  to  become  lamethform  plates  compressed  from  side  to  side. 
The  upper  borders  of  these  plates  curve  inwards  towards  each  other. 
A  second  small  circular  foramen,  situated  at  the  base  of  a  larger  con- 
cavity, on  the  outer  aspect  of  the  ramus,  between  the  vacuity  and  the 
hinder  end,  exists  in  all  the  specimens  before  me,  except  JV.  huiisonicus. 
The  articular  ends  are  of  a  form  most  common  to  all  ordinary  birds 
of  the  present  suborder ;  they  are  produced  posteriorly  into  small 
vertical  plates  that  turn  outwards,  but  do  not  curve  upwards  to  any 
great  extent,  thus  ditfering  from  what  we  found  in  the  Plovers.  The 
usual  pneumatic  foramina  are  found  at  the  inturned  apices  of  the  articu- 


Fk;.  iZ.  Right  laleral  views  of  the  shulls 
upper  figure),  and  .V".  borcalis  (D,  ihe  lower  oi 
maxillary  ;  «,  Ihe  nasal ;  /,  ihe  lacrymal ;  //,  ihe  ( 
d,  dentary  ;  h,  the  subnarinal  har. 


ladrate  ;  //,  palali 


lar  cups.  The  sutures  defining  the  limits  of  the  bones  that  originally 
entered  into  the  composition  of  the  mandible  in  any  of  this  genus, 
have  become  almost  entirely  obliterated,  the  edge  of  the  dentary  alone 
sometimes  being  persistent. 

With  the  exception  that  the  ceratohyah  have  fused  with  the  glosso- 
hyal,  or  the  posterior  part  of  it,  as  is  usual  among  birds,  all  the  remain- 
ing elements  of  the  hyobranchial  apparatus  of  the  curlew  remain  free 


Shufeldt:    Osteology  of  the  LimicolvE.  39 

during  life.  The  first  piece  of  the  arch,  just  named,  has  the  form  of 
a  long  arrow-head,  with  quite  a  sizable  fenestra  towards  its  hinder 
end.  This  is  the  inter-cerato-hyal  fenestra.  The  first  basi -branchial 
has  a  median  longitudinal  ridge  above,  connecting  the  two  enlarged 
articulating  extremities ;  the  posterior  one  has  two  facets  for  a  cerato- 
branchial  element  on  each  side.  These  are  long  and  slender,  curving 
upwards.  They  support  the  equally  delicate  epibranchials,  which 
terminate  in  filaments  of  cartilage.  The  second  basibranchial  is  quite 
short,  comparatively  speaking,  it  being  in  turn  produced  backwards  by 
a  slender,  cartilaginous  tip. 

It  will  be  seen  from  this  description,  as  far  as  I  have  carried  it,  how 
really  very  much  alike  is  the  skull  of  a  Plover  and  the  skull  of  a  Curlew. 

Comparative  Notes  from  the  Skulls  of  other  Limicoline  Birds.  — 
Although  the  skull  of  Himantopus  mexicanusy  the  Black-necked  Stilt, 
has  most  of  the  usual  limicoline  characters,  its  general  form  is  quite 
different  from  that  of  the  skull  of  either  a  Plover  or  a  Curlew.  Viewed 
superiorly,  we  find  the  median  crease  very  deep  between  the  orbits, 
and  the  glandular  depressions  on  either  side  of  it  are  semilunar  in  form, 
strongly  stamped  and  definite  in  outline.  The  convexities  are  directed 
towards  each  other.  ^  Each  terminates  anteriorly  in  a  single  foramen, 
that  pierces  the  roof  of  the  orbit  beside  the  lacrymal  bone.  The  inter- 
orbital  septum  of  this  Black-necked  Stilt  is  markedly  deficient  in  bone, 
and  the  anterior  wall  of  the  cranium  does  not  fare  much  better  in  this 
respect  (see  Fig.  13).  Supra-occipital  foramina  of  the  most  usual  form 
are  found  in  this  bird  also,  the  muscular  lines  of  the  occiput  being  well 
defined  above  them.  The  pats  plana  of  either  side  is  but  feebly  de- 
veloped, and  the  descending  spine  of  the  lacrymal  falls  far  short  of 
reaching  this  bony  projection  of  the  mesethmoid.  Upon  basal  view 
we  find  the  palatines  long  and  narrow,  with  the  vomer  slender,  and 
terminating  in  a  sharp  point  anteriorly.  The  hinder  end  of  each 
articular  part  of  the  mandible  in  Himantopus  has  the  appearance  of 
being  scooped  out,  so  as  to  form  a  semiluniform  cavity. 

Recurvirostra  americana. — Several  of  the  characters  presented  on 
the  part  of  the  skull  of  Himantopus  are  substantially  reproduced  in  the 
case  of  the  Avocet.  Chief  among  these  is  the  form  assumed  by  the 
proximal  ends  of  the  mandible,  the  extreme  narrowness  of  either  pars 
plana,    and    the  free-hanging   descending  limb   of   either   lacrymal, 

*  The  present  specimen  may  be  defective.     It  was  prepared  at  U.  S.  Army  Med. 
Museum  before  I  had  charge. 


40  Annals  of  the  Carnegie  Museum. 

though  the  superior  part  of  each  of  these  bones  projects  much  further 
from  the  skull  than  it  does  in  the  Stilt.  The  Avocet  also  differs  from 
Himantopus  in  having  a  more  perfect  interorbital  septum  ;  in  the 
supra-occipital  foramina  being  circular ;  in  the  vomer  being  broad  and 
widely  forked  at  its  expanded  anterior  extremity ;  in  the  shallower 
supra-orbital  depressions,  which  in  the  Avocet  merge  together  in  the 
middle  line,  and  are  carried  out  on  the  projecting  lacrymals.  It  is 
scarcely  necessary  to  call  attention  to  the  difference  in  the  form  of 
the  skeleton  of  the  bills  in  these  two  birds.  The  Avocet  stands  alone 
with  his  upturned  mandibles,  and  even  the  beak  of  the  Stilt  is  quite 
unique. 

The  Skull  in  the  Woodcocks ,  and  in  Gallinago.  —  Although  essen- 
tially limicoline  in  their  general  character,  the  skulls  of  Scolopax 
rusticola,  Philohela  minor  and  Gallinago  delicala,  and  no  doubt 
others  of  those  genera,  depart  in  some  very  striking  particulars  from 
the  limicoline  skulls  we  have  thus  far  considered  in  this  paper. 
Except  in  point  of  size  there  is  scarcely  any  difference  between  the 
skulls  of  the  European  ^  and  American  Woodcocks,  the  former  being 
about  one  fourth  larger. 

In  the  former  the  great,  capacious  and  circular  orbits,  with  their 
raised  superior  borders,  have  crowded  the  greater  part  of  the  brain -case 
downwards  and  forwards,  thus  bringing  the  foramen  magnum  into  the 
horizontal  plane,  and  the  other  parts  of  the  skull  have  the  appearance  of 
being  moved  to  the  front.  All  this  is  also  seen  in  Gallinago j  but  not 
quite  to  such  a  marked  degree.  In  the  Snipe,  also,  the  orbits  are  more 
elliptical  in  outline  (Fig.  13,  f),  and  the  median,  longitudinal  crease 
between  them  on  the  superior  aspect  of  the  skull,  more  pronounced. 
Both  Snipes  and  Woodcocks  have  the  occipital  condyle  very  small  and 
hemispherical  in  form ;  it  being  sessile  in  the  former,  but  rather 
inclined  to  be  pedunculated  in  the  latter.  The  supra-occipital  promi- 
nence is  well  seen  in  S.  rusticola,  in  which  species  the  foramina,  one 
upon  either  side,  are  absent,  though  they  are  generally  found  in  the 
American  Woodcock,  and  always  in  Gallinago.  Of  a  cordate  outline, 
the  foramen  magnum  is  of  large  size  in  these  birds,  being  as  wide  in 
S.  rusticola  as  the  basitemporal  area  in  front  of  it.  An  osseous  sei)tum 
narium  exists  in  all  the  birds,  being  most  com])lete  in  the  Sni])e.       It 

'I  use  the  specimen  kindly  loaned  me  by  Prof.  A.  Newton,  F. R.S.  (No.  308) 
from  the  cabinets  of  the  zoological  collection  (osteological  department)  of  the  Uni- 
versity of  Cambridge,  England. 


Shufeldt:    Osteology  of  the  Limicol*. 


41 


is  very  peculiar  in  the  woodcock,  for  from  a  median  lamelliform  plate 
between  the  nostrils  it  gradually  swells  beneath  (he  culmen  as  it 
passes  to  the  front  of  those  apertures,  then  again  soon  contracts  to 
merge  with  the  narrow  and  flattened  median  process  of  the  premaxil- 
lary,  near  the  juncture  of  the  anterior  and  middle  thirds  of  this  part 
of  the  bill.  Below  this  point  the  dcntary  processes  of  the  premaxil- 
lary  are  thin  and  horizontally  flattened.  In  front  of  this  again  the 
mandible  becomes  solid,  being  only  grooved  in  the  middle  line  upon 


^=^, 


A. 


KlG.  13.  Left  lateral  views,  natural  si7e,  of  skul1sor/>>li/»*W«wi«Hr(E), 
linngo  wilsani  (F),  and  Jlimnnlopm  mexieanus,  (G).  «,  nasal  ;  //,  palatine 
pterygoid  ;  q,  quadrate,  and  a,  articular. 

its  nether  aspect.  Now  from  this  plan  of  structure  we  have  in  this 
straight  superior  mandible  of  the  woodcock  a  section  about  a  centi- 
meter long,  which  from  the  thinness  of  the  bones  is  quite  flexible  in  the 
vertical  direction,  the  continuity  of  the  osseous  beak  both  in  front  and 
behind  this  section  being  much  firmer  and  stronger.  This  feature,  if 
anything,  is  still  better  marked  in  the  snipe.      It  is  well  known  that 


42  Annals  of  the  Carnegie  Museum. 

the  woodcock  and  snipe  have  the  ability  to  curve  up  the  anterior 
extremity  of  the  upper  bill,  and  so  far  as  the  skull  in  these  birds  is 
concerned  the  power  to  perform  such  a  feat  is  quite  apparent. 

Passing  to  the  cranio-frontal  region,  we  are  to  note  the  large  lacry- 
mal  which  sweeps  backwards  to  join  with  the  post-frontal,  thus  com- 
pleting the  orbital  periphery  in  bone,  a  very  rare  condition,  as  we 
know,  in  birds. 

In  the  Woodcock  the  plate-like  vomer  is  vertically  disposed,  but  at 
the  same  time  it  is  exceedingly  small,  being  drawn  out  in  front  to  a 
point  of  absolute  hair-like  dimensions.  It  is  horizontal  in  Gallinago^ 
and  both  larger  and  longer.  In  Gallinago  and  in  the  Woodcock,  too, 
the  interorbital  septum  is  quite  complete,  though  in  the  former  species 
many  small  deficiencies  may  occur  in  the  bone  on  the  anterior  wall  of 
the  brain-case  in  some  individuals.  The  pterygoids  are  exceedingly 
short  and  thick,  the  facet  for  the  basisphenoid  process  occupying 
nearly  the  entire  length  of  the  shaft.  This  is  especially  the  case  in 
Philohela. 

In  the  mandible  of  Snipes  and  Woodcocks  the  hinder  end  is  bent 
down  almost  at  a  right  angle,  and  the  ramal  vacuity  is  unusually  large 
in  Galiifiago. 

The  Skull  in  the  Long-billed  Dowitcher. — In  a  skull  of  this  species, 
Macrorhamphus  scolapaceuSy  which  I  collected  in  New  Mexico,  I  see  a 
number  of  characters  to  remind  me  of  the  skull  in  Gallinago y  but  not- 
withstanding this,  the  conformation  of  the  skull,  especially  its  cranial 
portion,  partakes  more  of  the  character  of  the  larger  Sandpipers. 

The  morphology  of  the  superior  osseous  mandible  is  as  in  Gallinago. 
Superiorly,  the  lacrymals,  however,  jut  out  more  distinctly  and  promi- 
nently, and  their  descending  portions,  not  at  all  produced  backwards ^ 
fuse  with  the  large  square  pars  plana.  The  post-frontal  process  is 
very  long  and  extremely  slender,  while  the  interorbital  septum  is  not 
so  thoroughly  completed  in  bone.  Maxillo -palatines  are  practically 
absorted,  as  indeed  they  are  completely  so  in  Woodcocks  and  Gallinago. 
An  osseous  septum  narium  is  also  to  be  found  in  Macrorhamphus y 
which,  as  in  Wilson's  Snipe,  is  an  extension  forwards  of  the  mes- 
ethmoid,  and  probably  the  nasals  grasp  it  in  the  middle  line  beneath 
the  premaxillary,  but  I  would  have  to  have  the  skeleton  of  a  young 
snipe  to  prove  that  point.  In  all  these  true  scolopacine  types  the 
zygoma  is  very  short,  straight,  and  slender,  and  inclined  to  be  trans- 
versely conipressed  (especially  in  Wilson's  Snipe). 


Shufeldt  :    Osteology  of  the  Limicol^e.  43 

The  mandible  of  Macrorhamphus  agrees  with  that  bone  in  GallinagOy 
and  the  hyoidean  apparatus  in  the  two  species  is  practically  alike. 
Its  osseous  parts  are  extremely  delicate  in  point  of  structure. 

The  skull  of  Micropalama  himantopus  offers  us  a  most  perfect  go-be- 
tween, standing  as  it  does  exactly  between  the  Dowitchers  {^Macro- 
rhamphus^ and  the  Trmgas.  It  is  undoubtedly  a  Snipe -sandpiper  in 
every  sense  of  the  word.  The  structure  of  the  upper  bony  bill,  as  de- 
scribed above  for  Gallinago,  has,  in  it,  almost  mellowed  down  to 
what  we  find  in  the  typical  Sandpipers,  while  the  mandible  shows 
the  posterior  flexure  to  some  degree,  and  its  cranium  is  truly  scolo- 
patringine. 

Notes  upon  the  Morphology  of  the  Skull  in  the  Sandpipers.  —  There 
is  at  my  hand  a  complete  skeleton  of  Tringa  mariti?nay  and  its  skull, 
except  in  point  of  size,  appears  to  be  almost  exactly  like  the  skull  as 
we  find  it  in  Phalaropus  lobatus.  So  far  as  the  essential  characters 
are  concerned  they  are  absolutely  identical  in  the  skulls  of  these  two 
birds,  and  it  is  only  slight  variation  in  pattern  that  causes  any  differ- 
ences to  exist  at  all.  The  bill  of  the  Phalarope  is  straight ;  the  bill  of 
the  Sandpiper  is  somewhat  decurved,  but  withal,  the  characters  of  this 
part  of  the  skull  are  the  same.  T.  marititna  has  the  supra-occipital 
foramina  present,  but  they  are  likewise  so  in  Crymophilus,  and  I  count 
very  little  on  that  fact. 

Tringa  ptilocnemis  has  a  skull  that  very  closely  resembles  the  skull 
as  found  in  Aphriza  virgata.  The  differences  between  the  two  are 
hardly  worthy  of  notice. 

Tringa  minutilla  has  a  skull  of  the  most  delicate  construction,  but 
it  is  typically  limicoline  and  scolopacine  as  well. 

Most  noticeable  in  Tringa  is  the  absence  of  the  supra-orbital  glandu- 
lar depressions  and  the  extreme  narrowness  of  the  region  of  skull 
where  they  occur  in  the  other  forms.  Tringa  fuscicollishdiS  the  supra- 
occipital  foramen  and  the  fenestra  in  the  interorbital  septum,  as  in  the 
curlews.  There  seems  to  be  in  the  mandible  an  inclination  for  the 
hinder  ends  to  bend  downwards. 

This  character  is  also  observable  in  Tringa  minutilla^  and  in  this 
sandpiper  the  space  between  the  orbital  margins,  on  the  superior  aspect 
of  the  skull,  is  reduced  to  a  very  narrow  isthmus.  It  is  much  wider, 
comparitively,  in  Tringa  bairdi ;  and  this  form  also  faintly  shows  the 
glandular  depressions.  They  are  quite  well  marked  behind.  The 
mandible  shows  the  posterior  bend,  and  the  articular  extremities  throw 


44  Annals  of  the  Carnegie  Museum. 

« 

off  behind  lamelliform,  upturned  processes  that  are  a  prominent  fea- 
ture in  this  bone.  The  vomer  is  pointed  in  front,  and  the  supra- 
9ccipital  foramina  are  present. 

Tringa  maculata  and  Tringa  alpina  possess  skulls  very  much  alike 
in  many  of  their  characters  —  in  the  arrangement  of  the  maxillo-pala- 
tines,  the  presence  in  each  of  the  glandular  depressions  with  a  similar 
form.  Both  have  the  supraoccipital  foramina  and  great  deficiency  of 
bone  in  the  anterior  wall  of  the  brain -case  and  interorbital  septum. 
They  differ  in  the  form  of  the  ethmoidal  wings.  T.  maculata  shows  a 
little  bony  loop,  projecting  forwards  from  the  outer  borders  of  this 
plate,  which  is  absent  in  the  Dunlin.  In  the  Pectoral  Sandpiper  this 
ethmoidal  plate  is  not  carried  up  so  far  as  it  is  in  T,  alpina^  in  which 
bird  it  absorbs  the  lacrymal  on  either  side. 

The  little  osseous  loop  on  the  ala-ethmoid,  referred  to  as  a  charac- 
ter in  T,  maculata,  is  seen  also  in  Rhyacophilus  soliiarius.  Here, 
however,  its  upper  limb  comes  down  from  the  lacrymal  to  throw  in 
its  lower  limb  at  a  right  angle  to  the  ethmoid.  This  explains  the  man- 
ner in  which  it  is  developed  and  accounts  for  its  presence.  The  vomer 
is  pointed  anteriorly  in  the  Solitary  Tattler.  A  deep  median  pit  char- 
acterizes the  cranio-frontal  region  in  T.  pusillus. 

In  Actitis  macularia  the  glandular  depressions  on  the  roofs  of  the 
orbits  are  long  and  narrow  and  bound  the  entire  supra-orbital  peri- 
phery. This  constitutes  a  real  difference  as  compared  with  all  true 
sandpipers,  and  also  denotes  in  some  degree  a  relationship  to  the 
curlews. 

A.  macularia  has  also  the  supraoccipital  foramina  present,  and  of 
some  considerable  size.  Very  large  vacuities  occur  in  the  interorbital 
septum,  and  the  foramina  for  the  optic,  olfactory,  and  other  nerves 
have  all  run  together  to  form  one  large  irregular  foramen. 

Bartrajfiia  longicauda  does  not  possess  the  supraoccipital  foramina, 
and  the  glandular  depressions  above  the  orbits  are  still  narrower  than 
they  are  in  Actitis,  In  this  latter  Sandpiper  we  find  a  minute  spur 
on  the  anterior  margin  of  the  pars  plana,  directed  forwards ;  and  its 
maxillo-palatines  have  each  such  a  large  vacuity  in  their  bodies  that 
either  one  is  reduced  to  a  mere  hair-like  rim  of  bone.  Its  vomer  is 
long  and  pointed. 

The  skeleton  of  the  remarkable  Spoon-bill  Sandpiper  {Eurynorljyn- 
chus pygmceus)  has  been  examined  by  Mr.  J.  Anderson,  and  he  com- 
pletes his  paper  on  the  subject  by  saying  that  **  The  foregoing  exami- 


ShUFELDT  :     OSTEOLOCiY    OF   THE    LiMICOLiE.  45 

nation  of  the  osteology  and  other  characters  of  Eurynorhynchus  reveals 
only  one  important  feature  wherein  this  bird  structurally  differs  from 
the  genus  Tringa^  namely,  the  singular  expansion  of  the  bill,  the, 
structural  equivalent  of  a  similar  modification  in  Platalea  leucorodia. 
Indeed,  this  species,  as  pointed  out  by  Mr.  Harting,  was  originally 
placed  in  the  genus  Platalea  by  Linnaeus."  * 

A  careful  study  of  the  skull  of  Heteractitis  incanus  convinces  me 
that  in  that  part  of  its  anatomy  it  indicates  rather  close  affinity  with 
such  forms  as  Totanus  flavipes  and  T.  melafioleucus. 

We  will  now  pass  to  the  consideration  of  the  skull  in  some  of  these 
birds,  as  well  as  of  the  Godwits  and  others. 

Skull  of  the  Godwits^  Willets^  Tattlers^  and  Others. — In  Totanus  me- 
lanoleucus  the  glandular  depressions  above  the  orbits  are  wider  again, 
and  the  supraoccipital  foramina  are  present.  A  median  notch  is  found 
in  the  upper  border  of  the  foramen  magnum.  In  Totanus  flavipes 
nearly  half  the  anterior  wall  of  the  brain -case  is  deficient,  and  the 
interorbital  septum  is  not  formed  in  bone  at  all.  This  latter  char- 
acter does  not  occur  in  the  Willet  {Symphemia  semipalmata).  In  this 
interesting  bird  we  find  the  supraoccipital  foramina  to  be  of  some  size, 
and  of  an  elliptical  outline.  The  glandular  depressions  are  barely 
perceptible.  Just  beyond  the  cranio-facial  region,  on  the  culmen,  we 
note  the  persistence  of  the  premaxillary  sutures.  This  shows  to  some 
extent  how  far  the  nasals  must  extend  forwards.  The  vomer  is  pointed 
anteriorly,  and  the  interorbital  vacuity  is  divided  by  an  osseous  bar. 
Upon  a  ba.sal  view  we  find  that  the  lower  borders  of  the  maxillo- 
palatine  plates  appear.  They  are  attached  to  the  palatines  anteriorly, 
being  directed  backwards  as  free  lamina.  Their  connection  anteriorly 
with  the  maxillaries  is  by  their  outer  angles.  In  the  mandible  of 
Symphemia  the  true  ramal  vacuity  has  become  a  mere  slit,  filled  in 
with  a  plate  of  bone  ;  while  the  small  foramen  I  described  in  the 
Curlews  is  here  very  large,  and  has  more  the  appearance  of  the  true  ramal 
vacuity  as  seen  in  other  birds. 

This  condition  likewi.se  exists  in  Litnosa  fedoa  and  Z.  hcpmastica. 
The  rims  of  the  orbits  in  the  former  bird  are  rounded,  differing  in  this 
respect  from  the  Curlews.     In  this  Codwit,   too,   we  note  a  pointed 

'Anderson,  J,  "  On  the  Osteology  and  Pterylosis  of  the  Spoon-billed  Sandpiper 
i^E.  pygfuicus).^''  Trans.  Linn.  Soc.  (2ser. ).  I.  Zoology.  Ixmdon,  1879,  pp.  213- 
217.  The  (juotation  is  from  p.  217.  A  handsome  plate  (osteology)  illustrates  this 
memoir. 


46  Annals  of  the  Carnegie  Museum. 

vomer  in  front,  and  the  presence  of  the  supraoccipital  foramina  in 
the  occiput.  The  glandular  depressions  above  the  orbits  have  disap- 
peared, and  the  openings  in  the  interorbital  septum  are  three  in  num- 
ber, and  smaller.  A  deep,  circumscribed,  and  obliquely  inclined 
groove  is  found  on  the  lateral  aspect  of  the  skull,  back  of  the  entrance 
of  the  ear.  In  Limosa  rufa  a  deep  gutter  is  seen  between  the  orbits 
on  viewing  the  skull  from  above.  Anteriorly  it  is  bounded  by  an  emi- 
nence on  the  premaxillary.  The  lacrymal  is  small  in  all  the  Godwits, 
and  connects  with  the  ethmoidal  wing,  as  in  the  Curlews.  In  this 
genus  Limosa  the  structure  of  the  superior  osseous  mandible  is  much 
as  we  find  it  in  Galiinago,  as  given  above. 

I  have  not  examined  the  skull  of  the  Ruff  {F.  pugnax)  ;  it,  how- 
ever, probably  only  exhibits  the  usual  limicoline  characters,  with  some 
slight  modifications  for  that  particular  species.  In  writing  to  Pro- 
fessor A.  Newton  for  a  skeleton  he  replied  tome  in  a  letter  of  the  27th 
of  November,  1889,  and  said:  ''Herewith  I  send  you  a  sternum  of 
Machetes ;  I  regret  to  say  that  we  have  no  skull.  It  is  a  most  useful 
thing  to  have  correspondents  who  make  demands  like  yours  upon  us, 
as  thereby  we  learn  our  deficiencies.  Of  course  we  ought  to  have  at 
least  one  skeleton  of  this  form,  and  I  shall  made  it  my  business  to  try 
to  get  one  next  year  —  but  it  will  not  be  a  very  easy  matter ;  the  bird 
is  practically  extinct  in  England  (/*.  e.,  there  is  only  one  place  known 
where  it  still  exists,  and  nothing  would  tempt  me  to  procure  one 
thence)  and  is  become  so  rare  in  Holland  that  I  doubt  whether  any  are 
now  sent  to  our  markets,  and  I  think  it  must  be  ten  or  a  dozen  years 
since  I  have  seen  one  in  a  poulterer's  shop." 

Comparative  Notes  upofi  the  Remaijider  of  the  Skeletoti  in  the  Curlews 

a?td  other  Forms. 

There  are  fifteen  vertebrae  in  the  cervical  portion  of  the  spinal 
column  of  N.  longirostris.  The  only  other  complete  skeleton  I  have 
of  a  Curlew  (^N.  horealis^  shows  the  same  number,  so  probably  this 
holds  for  the  genus.  Free  ribs  occur  on  the  fourteenth  and  fifteenth, 
and  in  my  specimen  of  the  Long-bille!Q  Curlew,  the  thirteenth  vertebra 
of  this  chain  shows  persistent  sutures  upon  the  lines  of  anchylosis  of 
the  pleurapophyses  on  either  side.  So  individuals  of  this  species  may 
be  found  wherein  three  pairs  of  cervical  ribs  exist,  they  being  free 
upon  the  last-named  vertebra.  In  the  atlas,  the  neural  arch  is  very 
broad  from  before  backwards,   with  its  posterior  angles  tipped   with 


ShUFELDT  :     OSTEOLOQV   OF   THE    LlMlCOL^, 


47 


small  nodules  of  bone.  The  cup  for  the  occipital  condyle  is  perforated 
by  a  minute  foramen  at  its  base.  We  find  the  neural  spine  of  the 
axis  to  be  represented  by  a  large  and  tuberous  knot  of  bone,  and  the 
transverse  processes  in  this  vertebra,  directed  upwards,  backwards,  and 
outwards,  are  unusually  stout  and  heavy.  The  "  odontoid  process  "  is 
small,  and  shows  an  articular  facet  on  its  inferior  aspect.  Beneath, 
the  hypapophysis  is  a  strong  plate  of  bone,  pointing  backwards,  with 
thickened  border  below. 

The  third    vertebra  has    well -developed    parapophysial    spines;     a 
closed  vertebral  canal  ;  elliptical  foramina,  one  on  each  side,  in  the 


The  : 


lamina  of  bone  extending  between  the  zygapophysial  processes;  a 
neural  and  hypapophysial  spine,  the  former  being  a  small  plate  situ- 
ated posteriorly.  In  the  fourth  vertebra  these  characters  are  all  still 
to  be  found,  though  the  foramina  above  are  closed  in  only  by  an 
extremely  slender  interzygapophysial  bar.  The  fifth  vertebra  is  very 
much  elongated ;  the  mid-portion  of  the  centrum  is  represented  by  a 
median  longitudinal   lamina  of  bone,   extending  between   the   more 


48  Annals  of  the  Carne(;ie  Museum. 

solid  and  terminal  pieces  that  support  on  their  outer  aspects  the 
articular  facets  for  the  vertebrie  before  and  behind  it.  The  neural 
spine  is  reduced  to  a  sharp  line  ;  the  posterior  zygapophyses  are  out- 
standing processes.  The  sixth,  seventh,  eighth,  and  ninth  vertebne 
are  substantially  the  same  in  character  as  the  fifth,  though  they  are 
growing  shorter  as  we  proceed  backwards.  They  show  also  the  open 
carotid  canal.  In  the  tenth  vertebra  this  is  replaced  again  by  a  hypa- 
pophysis,  a  single  plate  placed  anteriorly  on  the  centrum  beneath. 
The  vertebral  canal  is  still  a  closed  passage,  and  the  neural  spine  is 
absent.  Extensive  pneumatic  foramina  exist  in  all  the  ultimate  seg- 
ments of  the  cervical  division  of  the  spinal  column.     The  eleventh  and 


twelfth  vertebrre  arc  slowly  changing,  to  bring  about  what  we  find 
strongly  developed  in  the  thirteenth.  In  this  latter  we  observe  a  well- 
pronounced  double  neural  spine,  occupying  a  mid-position  on  the  neu- 
ral arch.  The  postzygajjophyses  are  elevated,  but  still  project  out- 
wards. Anteriorly,  the  vertebra  is  very  broad  from  side  to  side,  owing 
to  the  far-spreading  transverse  processes  that  here  overarch  the  verte- 
bral canal,  it  being  closed  in  beneath  by  the  anchylosed  ribs,  already 
alluded  to  above  as  being  a  character  of  this  vertebra.  The  lateral 
aspects  of  the  centrum  show  a  deep  elliptical  pit  on  each  side,  with 
numerous  circular  pneiuiiatic  perforations  at  their  bases.  The  hypa- 
pophysis  is  a  single  plate,  occupying  the  mid-portion  of  the  centrum. 
In  the  fourteenth  vertebra  the  ribs,  or  rather  the  delicate  pleura- 
pophyses,  have  been  liberated  ;  the  hsemal  spine  exhibits  evidences  of 
becoming  tricorniite;   the  neural  spine  stands  well  above  the  vertebra 


Shufeldt:    Osteology  of  the  Limicol^e.  49 

as  a  tuberous  and  solid  mass,  bearing  sharp  spines  directed  backwards 
upon  its  outer  and  posterior  angles.  These  are  the  continuations  of 
the  lateral  raised  rims  of  the  neural  spine  proper,  and  they  project 
also  somewhat  anteriorly.  This  is  one  of  the  most  prominent  features 
of  the  fifteenth  or  last  cervical  vertebra ;  it  is  explained,  however,  in 
the  dorsal  series  by  its  evolution  into  the  ordinary  quadrate  dorsal 
neural  spine,  with  the  forked  extremities  of  the  limiting  rim  at  their 
crests.  The  haemal  spine  of  the  fifteenth  vertebra  is  triplicated,  having 
three  plates,  though  they  are  not  particularly  prominent.  In  it,  too, 
the  free  ribs  are  quite  long,  and  are  without  uncinate  processes. 

Numenius  borealis  shows  but  few  structural  departures  in  its  cervical 
vertebrae  from  those  I  have  just  described  for  N.  longirostris. 

The  cup  of  the  atlas  does  not  seem  to  be  perforated  at  its  base ;  the 
pleurapophyses  of  the  thirteenth  vertebra  bear  no  striking  resemblance 
as  yet  to  free  ribs,  as  they  do  in  the  Long-billed  Curlew.  The  carotid 
canal  is  found  traversing  identically  the  same  vertebrae  in  mid-neck. 
In  both  these  Curlews  there  are  five  vertebrae  in  the  dorsal  series,  all 
articulating  freely  with  each  other.  Above,  they  have  long  osseous 
metapophysial  filaments  that  stretch  for  the  length  of  one  or  nearly 
two  vertebrae  before  and  behind,  in  the  middle  of  this  region.  The 
tendons  have  also  become  ossified  and  attached,  and  reach  far  back- 
wards from  each  segment,  those  of  the  last  running  into  the  ilio-neural 
canals  of  the  pelvis.  The  first  dorsal  vertebra  shows  two  little  lateral 
processes  at  the  lower  extremity  of  its  haemal  spine  ;  this  plate  is  single 
and  prominent  in  the  next  vertebra,  but  does  not  appear  in  any  of  the 
others.  Each  dorsal  vertebra  has  a  pair  of  ribs,  of  the  most  common 
pattern,  as  seen  among  birds.  They  connect  with  the  sternum  by 
costal  ribs,  and  have  freely  articulated  uncinate  processes.  These  lat- 
ter are  very  long  and  narrow,  reaching  nearly  in  mid-series  to  the 
second  rib  to  their  rear. 

In  Curlews  the  pelvis  also  supports  two  pair  of  free  ribs.  The  first 
pair  has  all  the  character  of  the  dorsals,  being  simply  slenderer  and 
longer.  The  ultimate  pair  is  devoid  of  uncinate  processes,  and  their 
haemapophyses  only  articulate  along  the  posterior  borders  of  the  pair 
in  front  of  them,  so  do  not  reach  the  sternum.  I  find  a^in  in  my 
specimen  of  N.  borealis  an  additional  piece,  or  free  costal  rib,  attached 
to  the  posterior  border  of  this  last  pair  of  costal  ribs,  on  either  side. 

The  number  and  arrangement  of  the  vertebrae  and  ribs  of  the  spinal 
column,  as  far  as  examined,  agree  very  nearly  with  Limosa  fedoa  and 
Recunnrostra. 


50  Annals  of  the  Carnegie  Museum. 

In  Himantopus  the  number  of  cervicals  and  dorsals  is  the  same  as 
in  Numenius,  but  there  appear  to  be  one  pair  less  of  sacral  ribs. 

The  arrangement  in  the  Phalaropes  agrees  with  what  we  find  in 
Himantopus. 

In  Gallinago  and  the  Woodcocks  the  arrangement  is  different.  In 
them  there  are  twenty-one  free  vertebrae  between  the  skull  and  pelvis ; 
but  two  pairs  of  cervical  ribs  (the  first  very  minute)  ;  six  pairs  of 
dorsal  ribs  that  meet  the  sternum  through  costal  ones  below  ;  two  pairs 
of  pelvic  ribs,  the  haemapophyses  of  the  first  not  reaching  the  sternum, 
and  the  last  pair  fused  with  the  ilia  and  almost  aborted. 

In  Tringa  maritima  these  latter  are  not  present,  otherwise  the  ar- 
rangement and  number  of  the  ribs  and  vertebrae  in  the  cervico-dorsal 
part  of  the  trunk  skeleton  is  the  same  as  in  Gallinago.  On  the  other 
hand  Bartramia  longicauda  agrees  with  the  Curlews  in  this  matter, 
while  all  the  Sandpipers  that  I  have  examined  have  these  parts  as  they 
occur  in  T.  maritima.  The  arrangement  for  other  important  forms 
will  be  fully  presented  when  we  come  to  examine  the  osteology  of 
Aphriza  virgata  beyond. 

Of  the  Pelvis  and  Coccygeal  Vertebrce.  —  Viewing  the  pelvis  of 
Numenius  longirostris  from  above,  we  observe  that  the  total  pre- 
acetabular  area  is  about  equal  in  extent  to  the  post -acetabular  area. 
The  ilia  are  long  and  narrow,  with  serrations  in  their  anterior  borders. 
These  bones  are  concaved  in  front,  and  present  a  dimple  immediately 
in  advance  of  either  acetabulum  on  this  aspect.  About  their  anterior 
thirds  they  grasp  the  common  neural  spine  of  the  sacrum  between 
them,  thus  creating  closed  ilio-neural  canals. 

Posterior  to  the  acetabulae,  these  bones  present  convex  surfaces, 
being  drawn  out  behind  into  prominent  processes  that  curve  inwards 
towards  each  other  and  the  median  plane  (see  Figs.  i6  and  17). 
They  develop  outstanding  ledges  that  overhang,  on  either  side,  the 
anterior  half  of  the  ischiadic  foramen.  The  sacrum  does  not  unite 
with  the  post-acetabular  part  of  the  ilia,  a  very  marked  interspace 
existing  between  them.  A  double  row  of  elliptical  foramina  standing 
among  the  fused  lateral  processes  further  characterize  this  compound 
bone. 

Upon  a  lateral  view,  the  long  and  pointed  ischium  is  presented  to 
us.  Posteriorly  it  reaches  nearly  as  far  backwards  as  the  post-pubic 
style  (see  Fig.  17),  the  latter  being  in  contact  with  it  near  its  termina- 
tion.    The  pubic  style  does  not  quite  close  in  the  obturator  foramen 


Shufeldt  :    Osteology  of  the  Limicol^. 


51 


in  any  of  the  Curlews.  Above  the  latter  we  find  the  ischiadic  foramen, 
which  in  Numenius  is  very  large  and  elliptical  in  outline. 

The  lower  part  of  the  posterior  border  of  this  pelvis  exhibits  a 
triangular  notch  which  marks  the  original  division  between  the  ilium 
and  the  ischium,  and  this  latter  bone  from  being  so  long  and  narrow, 
is  deserving  of  especial  notice. 

There  appear  to  be  fourteen  vertebne  fused  together  in  the  pehic 


sacrum  of  a  Curlew,  and  the  two  anterior  ones  throw  out  diapophyses 
to  the  ilia,  and  bear  the  facets  for  the  pelvic  ribs.  In  the  third  ver- 
tebra of  this  series,  these  processes  are  extended  almost  directly  up- 
wards, while  in  the  fourth  and  fifth,  again,  they  are  horizontal,  as  in 
the  first  and  second.  From  the  points  where  the  diapophyses  of  the 
fifth  meet  the  ilia,  these  latter  bones  sweep  outwards,  and  are  fashioned 
to  form  the  anterior  part  of  the  "basin  of  the  pelvis."  The  tenth 
sacral  vertebra  throws  out  a  strong  pair  of  transverse  ])rocesses  that 


62  Annals  of  the  Carnegie  Museum. 

have  widely  dilated  extremities  which  articulate  with  iacets  especially 
designed  for  them  on  either  ilium  just  posterior  to  the  acetabulum,  one 
on  either  side. 

Foramina  for  the  exit  of  the  sacral  nerves  are  double,  one  being 
placed  aboi'e  the  other,  the  increase  of  caliber  in  the  neural  canal  of 
the  corresponding  dilatation  of  the  cord  taking  place  in  the  sacral  ver- 
tebrae from  the  fourth  to  the  ninth  inclusive. 

Although  more  delicately  constructed,  the  pelvis  in  N.  borealis  agrees 
substantially  in  all  particulars  with  the  bone  I  have  just  been  describ- 
ing for  its  more  powerful  congener,  the  Sickle-bill. 

There  are  ten  coccygeal  vertebra  in  N.  longirostris,  which  count 
includes  the  triangular  and  rather  large  pygostyle. 

In  Gallinago  delicata  the  pelvis  is  inclined  to  be  long  and  narrow, 
and  its  ischia  behind  deep  and  drooping.  In  front,  the  ilia  meet  the 
sacral  crista  for  a  limited  distance,  on  the  ridge  anteriorly.     At  the 


side,  the  obturator  sjiace  is  quite  obliterated,  and  the  obturator  foramen 
of  very  small  size,  indeed.  Broad  and  triangular  processes,  one  on 
either  hand,  project  backwards  over  the  ilio-ischiac  notches  posteriorly. 
There  are  two  vertebrae,  that  throw  out  apophysial  braces  opposite  the 
acetabulfe  within  the  pelvic  basin. 

Including  the  rather  small  pygostyle  there  are  eleven  verlebrje  in  (he 
skeleton  of  the  tail  in  this  Snipe.  There  appear  to  be  but  ten  in  a 
specimen  of  the  American  Woodcock  (/*.  minor)  ^  and  the  pelvis  of 
this  bird  much  resembles  that  bone  in  Gallinago,  though  we  note  that 
the  ilia  by  no  means  meet  the  sacral  crista  anteriorly  on  the  dorsal 
aspect,  and  the  posterior  ends  of  the  ischia  are  not  so  long  or  pointed. 

Sandpipers  {Tringn)  and  (he  Phalaropes  have  their  pelves  and 
coccygeal  vertebrx  much  alike.  The  jjelvic  bones  in  Tiinga  maritima 
are  somewhat  thin,  and  the  interapophysial  foramina  of  the  sacrum 
d  very  open  or  rather  large.     On  the  whole  the  bone  is 


Shufeldt  :    Osteology  of  the  LiMicoLit.  63 

broadish  and  compressed  from  above  downwards ;  the  ilio-ischiac 
notch  distinct ;  and  the  ischia  very  much  produced  behind,  being  car- 
ried along  on  top  of  the  post-pubis,  on  either  side,  as  a  delicate 
pointed  spine,  reaching  almost  to  its  end  behind.  This  species  has, 
including  the  pygostyle,  ten  coccygeal  vertebrae.  Other  Sandpipers 
possess  pelves  much  upon  the  same  plan. 

In  Limosaj  Totanus,  Heteractitis  and  in  the  Willets  {^Symphemia) 
the  pelvis  comes  considerably  nearer  the  pattern  as  we  found  it  above 
among  the  Curlews.  I  am  confident  that  in  the  Limicolce  the  number 
of  coccygeal  vertebrae  is  liable  to  vary  even  within  the  genus.  They 
range  from  seven  to  eleven,  and  may  or  may  not  be  constant,  although 
I  think  that  the  number  which  may  fuse  with  the  pelvic  sacrum,  in  any 


Fig.  1 8.     The  os  furcula  of  Ntinicnius  longirostris  ;  a  three-quarter  oblique  vievr 
from  the  right  side  ;  natural  size. 

species,  has  not  a  little  to  do  with  it.     The  count  in  immature  birds 
would  be  the  most  accurate. 

Of  the  Shoulder- Girdle  (Fig.  i8). — We  find  in  Numenius  longi- 
rostris the  usual  bones  allotted  to  this  arch  free  and  articulated  in  the 
manner  as  commonly  seen  in  many  of  the  class.  The  shape  of  the  os 
furcula  is  upon  the  broad  U -variety,  and  is  broader  in  this  Curlew 
than  it  is  in  others  of  the  same  genus,  and  still  more  so  than  in  the 
Plovers.  Viewing  it  laterally,  we  observe  also  that  it  is  very  decidedly 
curved  upon  itself,  with  the  convexity  directed  forwards  when  in  situ. 
When  articulated,  the  long  and  pointed  clavicular  heads  rest  on  either 
side  against  the  inner  aspects  of  the  summits  of  the  coracoids,  while 
the  tips  extend  backwards  to  meet  the  usual  process  furnished  by  each 
scapula.  This  brings  the  hypocleidium  opposite  the  middle  of  the 
anterior  border  of  the  sternum,  from  which  it  is  separated  by  quite  an 
interspace. 


54  Annals  of  the  Carnegie  Museum. 

The  clavicles  are  broader  and  larger  at  their  superior  or  coracoidal 
extremities,  being  compressed  from  side  to  side.  Above,  the  broad 
surface  looks  outwards ;  but  it  is  gradually  changed  in  direction  as  we 
descend  to  the  hypocleidium,  so  that  below  it  looks  forwards  (Fig. 
1 8).  The  hypocleidium  is  of  a  quadrate  form,  rather  small,  and  has 
an  extension  of  its  posterior  border  carried  up  behind  on  the  line  of 
the  median  clavicular  union. 

In  N.  borealis  (No.  12,595,  Smithsonian  Collection)  the  os  furcula 
possesses  all  the  characters  I  have  described  for  the  Long-billed  Cur- 
lew. As  already  intimated,  however,  the  arch  of  the  U  is  not  as  open, 
the  clavicular  heads  are  not  so  pointed,  and  the  hypocleidium  is  nearly 
round  in  form,  not  being  so  perceptibly  carried  up  on  the  clavicles  at 
their  point  of  meeting  below.  Among  the  Plovers  we  found  that  it 
had  the  same  general  characteristics,  and  it  holds  the  same  relative 
position  when  articulated  to  the  other  bones  of  the  shoulder-girdle. 


Fk;.  19.  Direct  anterior  aspect  of  the  left  coracoid  and  scapula  of  Kumenius 
longirostris  ;  natural  size,     j,  scapula  ;  r,  coracoid. 

For  the  size  of  the  bird,  the  furcula  is  large  in  G alii n ago,  as  it  is  in 
the  Woodcock,  but  the  general  pattern  remains  the  same  as  for  the 
Curlews.  Indeed  it  varies  but  little  in  form  for  the  Limicoice  generally. 
In  the  Sandpipers,  as  a  rule,  the  hypocleidium  is  more  posteriorly 
situated,  and  in  Actitis  this  process  almost  comes  in  contact  with  the 
anterior  edge  of  the  keel  of  the  sternum,  when  the  bones  are  in  situ. 

In  some  genera  the  hypocleidium  is  very  small,  as  in  Litnosa ;  in 
others,  as  in  the  European  Woodcock  (6*.  rusticoia),  the  bone  is  large 
but  its  limbs  are  slender.  The  hypocleidium  is  also  small  and  a  dis- 
tinct jutting  facet  is  thrown  out  on  the  external  aspects  of  the  free 
clavicular  ends  above,  for  articulation  with  the  fore  part  of  the  head  of 
either  coracoid.     This  is  a  Plover-character,  and  more  remotely  indi- 


Shufeldt:    Osteology  of  the  Limicol^e.  55 

cates  larine  affinities,  and  relationships  with  birds  belonging  to  more 
lowly  groups,  wherein  this  character  is  far  more  pronounced  and  at  the 
same  time  a  very  common  one.  In  the  Ruff,  and  some  other  forms, 
the  U  is  not  so  spreading,  and  the  clavicular  limbs  in  front  of  the  cora- 
coidal  articulations  are  considerably  compressed  in  the  transverse  di- 
rection. And  these  latter,  in  this  situation,  are  upon  their  outer  aspects 
longitudinally  concaved  in  Gallina^^o  delicata  and  in  Totanus  flavipes. 
Some  Sandpipers  also  exhibit  this  latter  character.  Taken  as  a  whole, 
however,  the  os  fur  at  la  varies  but  very  little  in  its  general  form 
among  the  typical  limicoline  birds. 

The  co7'acoid  of  Numenius  longirostris  is  comparatively  a  short, 
thick-set  bone,  as  scarcely  any  true  shaft  exists  between  its  humeral 


Fig.  20.     Left  scapula  and  coracoid  of  Numenius  lottgirostris  ;  natural  size. 

and  sternal  extremities.  Such  as  it  is,  however,  is  transversely  ellip- 
tical on  section,  the  section  being  made  just  below  the  inner  process  at 
the  head  of  the  bone.  The  sternal  extremity  is  broad  from  side  to  side, 
in  which  direction  it  is  also  convex  anteriorly  and  concave  behind. 
Below,  the  sternal  margin  is  divided  into  two  deep  concavities ;  the 
inner  and  broader  one  is  completely  occupied  by  the  articular  facet  for 
the  sternum.  The  outer  is  sharp  and  free,  having  attached  to  its  upper 
horn  a  pointed  and  up-tilted  little  spine,  that  1  will  call  the  costal  spine 
of  the  coracoid,  it  being  opposite  the  costal  border  of  the  sternum.  On 
the  outer  aspect  of  the  bone  we  find  the  usual  elliptical  facet  that  here 
forms  about  the  two  thirds  of  the  glenoid  cavity  (Figs.  19  and  20). 
The  summit  of  the  bone  consists  of  a  massive  hooked  process,  directed 
forwards  and  inwards.  Above  and  behind,  it  is  impressed  by  a  shallow 
concavity,  while  its  inner  surface  is  devoted  to  an  elongated  facet  for 
head  of  clavicle.  Below  this  on  the  inner  side,  we  fmd  another  lamelli- 
form  process,  curving  inwards,  upwards,  arid  forwards,  that  at  its  tij)  also 


56  Annals  of  the  Carnegie  Museum. 

comes  in  contact  with  the  clavicle  when  the  bones  are  in  situ.  The 
posterior  margin  of  this  latter  process  is  given  up  wholly  to  the  scapula, 
which  in  life  abuts  against  its  entire  length,  as  well  as  the  shaft  behind 
as  far  as  the  glenoid  cavity. 

In  Numenius  borealis  the  coracoid  is  a  mere  miniature  of  the  bone 
I  have  just  described  for  the  Sickle-bill.  Its  costal  process  is,  how- 
ever, much  less  strongly  marked,  and  would  hardly  attract  special 
notice.  The  coracoids,  as  well  as  the  other  bones  of  the  shoulder- 
girdle,  are  non-pneumatic  in  the  genus  Numenius^  and  I  believe  gen- 
erally so  among  the  Limico/ce. 

When  articulated,  the  coracoids  lean  well  forward  as  they  spring 
from  their  sternal  beds  in  the  Curlews,  while  the  scapulae  make  angles 
with  them  of  about  90°.  They  do  not  quite  meet  in  the  median  line 
in  any  of  the  species,  but  are  seperated  at  this  point  by  a  thin  com- 
pressed surface  on  top  of  the  manubHum. 

The  anterior  extremity  of  the  scapula  in  N.  longirostris  is  decurved, 
broad,  and  compressed  from  above  downwards.  The  blade  of  the 
bone,  which  is  comparatively  long,  becomes  thinner  and  slightly 
wider  posteriorly,  to  be  very  obliquely  truncate  at  the  inner  side  of 
its  posterior  third.  The  angles  thus  formed  are  well  rounded  off, 
resulting  in  the  production  of  a  very  ordinary  form  of  this  bone 
(Fig.  20).  N.  borealis  has  the  hinder  moiety  of  the  scapula  broader, 
more  blade-like,  the  truncation  more  decided,  and  its  posterior  apex  in 
the  articulated  skeleton  overhanging  the  anterior  margin  of  the  ilium. 

In  other  limicoline  birds  the  coracoids  and  scapulae  have  always 
much  the  same  general  appearance  that  those  bones  have  in  the  Cur- 
lews. 

In  the  European  Woodcock  the  coracoids  are  relatively  longer 
than  in  Numenius,  and  they  are  inclined  to  be  compressed  in  the  an- 
tero-posterior  direction.  The  costal  process  of  one  of  them  is  con- 
spicuous, and  the  summit  of  the  head  of  the  bone  is  marked  by  an 
oval  pit.  This  last  character  is  also  seen  in  Aphriza,  Tringa, 
and  in  the  coracoids  of  many  other  shore  birds.  Everything  else 
being  equal,  the  coracoids  in  Gallinago  are  shorter  and  more  slender 
than  they  are  in  the  Woodcocks.  Comparatively  speaking  they  be- 
come still  shorter  among  the  Sandpipers.  The  scapulae  agree  pretty 
well  all  round,  varying  only  with  the  size  of  the  species,  and  occa- 
sionally in  the  pattern  of  its  posterior  third,  where  the  style  of  acumi- 
nation  is  apt  to  vary. 


Shufeldt  :    Osteology  of  the  Limicol.«.  67 

In  the  Avocet  and  in  the  Oyster-catchers  when  the  shoulder-girdle  is 
in  situ,  the  coracoids  touch  each  other  in  the  median  plane  over 
the  manubrial  process  of  the  sternum. 

The  Willets  {Symphemia)  y  Totanus  flavipes  and  Bartramia  longi- 
cauda  all  have  the  costal  process  of  the  coracoid  quite  prominently 
developed;  \xi  Limosa  uropygialis  {%vci\\)ci^oxi\dJCi  Collection,  No.  12,590) 
it  is  broad  and  quadrilateral  in  outline  and  but  slightly  curved  upwards. 

Of  the  Sternum  (see  various  figures). — This  bone  is  greatly  de- 
veloped in  all  the  limicoline  birds,  and  in  L.  longirostris  it  is  unusally 
so,  when  we  come  to  take  into  consideration  the  size  of  the  species  to 
which  it  belongs.  The  manubrium  is  for  the  most  part  a  thin  com- 
pressed median  plate,  with  sharp  edge  below  and  thickened  border 
above.  At  its  base  superiorly,  it  is  contracted  again  to  an  edge,  that 
just  keeps  the  coracoids  apart  in  the  articulated  skeleton.  The  cora- 
coidal  grooves  lie  in  the  horizontal  plane ;  they  are  broad  from  above 
downwards,  convex  at  their  middles,  and  concave  at  their  inner  and 
outer  limits.  Anteriorly,  the  margin  of  the  keel  is  very  sharp,  being 
carried  clear  up  to  the  base  of  the  manubrial  process.  It  appears 
above,  however,  merely  as  a  line  on  the  front  of  that  column  of  bone 
that  descends  in  this  situation,  to  be  gradually  lost  as  its  expands  on 
either  side  of  the  keel  below  within  this  anterior  margin.  The  cari- 
nal  angle  in  N.  longirostris  is  rounded  in  front,  being  partly  covered 
by  the  raised  rim  that  bounds  the  entire  length  of  the  keel  below. 
This  latter  part  of  the  sternum  is  exceedingly  deep,  being  carried 
backwards  to  the  very  end  of  the  sternal  body  by  a  graceful  curve 

(Fig.  15). 

Upon  the  costal  border  we  observe  six  transverse  facets  for  articu- 
lation with  the  haemapophyses.  They  are  limited  beyond  by  a  low 
quadrate  costal  process — a  feebly-pronounced  feature  in  the  sternum 
of  our  Curlew.  So  high  do  the  sides  of  the  sternal  body  itself  arise 
that  it  reminds  one  very  much  of  a  very  deep  spoon  with  slender 
processes  projecting  from  its  free  border  in  front,  corresponding  to  the 
hinder  border  of  the  sternum.  These  processes  are  four  in  number, 
two  on  either  side,  making  this  sternum  a  four-notched  one.  Their 
shape  and  arrangement  can  best  be  seen  by  referring  to  my  drawing 
in  Fig.  14.  On  the  superior  aspect  of  the  sternum,  in  the  median 
line,  and  just  within  the  anterior  boundary,  we  find  a  deep  pit  with 
rounded  margins.  At  its  base,  there  seems  to  be  a  few  minute,  pneu- 
matic perforations.     The  usual  muscular  lines  are  found  to  be  strongly 


58  Annals  of  the  Carnegie  Museum. 

marked  on  the  sternal  body  and  keel  in  this  Curlew,  being  carried 
back,  in  each  case,  nearly  to  its  xiphoidal  extremity. 

The  chief  differences  presented  to  us  in  the  sternum  of  N,  borealis 
are  a  greater  width  of  the  raid-process  posteriorly,  and  a  very  decided 
protrusion  forwards  of  the  carinal  angle  anteriorly.  In  all  other 
respects  the  sternum  of  the  Eskimo  Curlew  seems  to  be  the  very  minia- 
ture of  the  bone  I  have  just  described  for  the  Sickle-bill  Curlew. 

Passing  next  to  the  sternum  as  we  find  it  in  Scolopax,  Philohela,  and 
Gailinago,  it  is  to  be  observed  that  the  bone  has,  in  its  general  form, 
precisely  the  same  pattern  as  it  has  in  Numenius.  The  carinal  angle, 
however,  is  more  prominent  and  pointed,  and  the  sterna  of  these  birds 
lack  the  internal  pair  of  xiphoidal  notches.  I  have  one  sternum  of  a 
specimen  of  Wilson's  Snipe  (  Gallinago)  though,  that  on  the  right  hand 
side  has  a  foramen  at  the  locality  where  the  inner  notch  occurs  in 
other  Limicolce.  Most  Sandpipers  have  a  sternum  like  what  we  found 
in  the  Curlews,  but  the  posterior  xiphodal  border,  as  indicated  by  the 
ends  of  the  xiphoidal  processes,  lays  more  in  a  transverse  line,  riot 
being  nearly  as  much  rounded  as  it  is  in  Numeriins.  Limosa  has  the 
inner  pair  of  notches  very  small,  and  they  are  absent  again  in  such 
genera  as  Pavoncella  and  Rhyacophilus.  Avocets  have  all  four  of  the 
notches,  and  in  them  they  are  about  of  equal  depth,  while  in  Totanus 
they  agree  with  Limosa.  Bartrainia  longicauda  shows  a  small  pair  of 
inner  notches  in  its  sternum,  with  very  deep  outer  ones. 

Gallinago  has  the  manubrium  very  small,  and  in  the  sternum  of  that 
species  the  pectoral  muscular  lines  on  the  sides  of  the  carina  are  raised 
and  rounded  welts.  This  last  character  is  wanting  in  Woodcocks,  and 
in  them  the  manubrium  is  larger.  I  believe  in  all  the  unmentioned 
species  the  sternum  is  four-notched,  and  in  other  respects  substantially 
has  the  pattern  of  that  bone  as  it  is  seen  in  Numenius. 

Of  the  Appendicular  Skeleton. —  All  the  bones  of  both  limbs  in  the 
Limicol<E  are  non -pneumatic  in  character.  As  a  rule,  the  long  bones 
are  straight,  and  comparatively  very  long.  They  are  also  strong  and 
otherwise  perfectly  developed  —  shore-birds  being,  as  we  know,  good 
fliers. 

The  OS  hufnero-scapulare  seems  to  be  absent,  its  place  being  taken 
by  ligaments,  as  in  other  birds  where  this  ossicle  does  not  appear. 

The  humerus  (Fig.  21)  of  Numenius  longirostris  has  a  shaft  that  is 
much  straighter  than  is  commonly  seen  among  birds,  where  it  is  usually 
formed  like  a  long    /'.      Its  proximal  extremity  is  comparatively  widely 


Shufeldt:    Osteology  of  the  Limicol^*:.  69 

expanded,  which  expansion  includes  the  graceful  canopy  that  arches 
over  the  unpierced  pneumatic  fossa.  A  deep  notch  divides  this  from 
the  articular  facet  or  head  for  the  glenoid  cavity. 

The  radial  crest  is  well  developed  and  bent  outwards  almost  at  a 
right  angle  with  the  vertical  plane  of  the  bone,  when  viewed  in  a 
position  of  rest.  Should  a  section  of  mid-shaft  be  made,  the  figure 
would  be  very  nearly  circular ;  it  becomes  triedral  proximally  and 
roughly  elliptical  towards  the  distal  end.  In  this  latter  region,  above 
the  external  condyle,  an  ^^  epicondylar "  process  is  developed;  and 
this  process   is  developed  in  a  greater  or  less  degree    in  all  shore - 


Fk;.   21.     Right  humerus  of  Xumenius  lon^rirostrisy  anconal  aspect  ;  natural  size. 

birds.  Its  apex  is  intended  for  muscular  attachment.  There  is  a  well- 
marked  fossa  just  proximad  to  the  distal  articular  tubercles  of  the 
humerus. 

Viewed  from  above,  the  shaft  of  the  ubui  is  seen  to  have  a  long, 
gentle  curve,  extending  from  one  end  of  the  bone  to  the  other,  being 
the  greatest  near  its  proximal  extremity. 

The  papillae  for  the  quill -butts  along  the  shaft  are  quite  distinct  in 
this  bird,  and  still  more  so  in  the  Oyster-catcher,  where  they  present  the 
unusual  condition  of  being  narrow  and  oblong  in  shape,  and  placed, 
as  it  were,  obliquely  on  the  shaft.  'I'o  the  inside  of  these  a  secondary 
row  is  seen,  running  down  the  shaft  longitudinally.  These  little  pro- 
tuberances are  scarcely  percei)tible  in  the  Phalaropes  or  in  Tringa. 

The  radius  of  N.  longirostris  does  not  exhibit  so  much  of  a  curve 
in  its  shaft  as  its  comi)anion  in  the  antibrachium,  though  it  is  gently 
bent  throughout  its  length.  A  concavity  is  scooped  out  of  its  shaft 
near  the  head,  over  which  tendons  pass  in  life. 

The  carpus  contains  the  two  free  bones  ordinarily  found  there  in 
adult  biids,  articulating  after  the  usual  manner. 

All  of  the  Limicohe,  so  far  as  I  have  examined  them,  are  endowed 
with  a  remarkably  long  hand.  If  we  allow  the  bones  of  the  carpus  to 
be  added  to  it,  its  length  in  the  Sickle-bill  is  fully  ecjual  to  that  of  the 


60 


Annals  of  the  Carnegie  Museum. 


ulna.  Each  bone  lends  its  proportional  share  to  produce  this  result. 
The  shaft  of  the  second  metacarpal  is,  for  the  most  part,  cylindrical 
in  form,  while  its*anchylosed  companion  is  of  very  slender  proportions. 
I  find  in  Numenius  and  HcBtnatopus  a  delicate,  curved  and  free  claw- 
joint,  suspended  from  the  distal  end  (Fig.  22,  x). 

There  is  an  ample  expanded  portion  springing  from  the  posterior 


Fk;.  22.  Palmar  aspect  of  right  nianus  of  Numenitis  /on^i^irosfris,  showing  also 
distal  extremities  of  radius  and  ulna,  natural  size,  r,  radius  ;  //,  ulna  ;  j,  radiale  ; 
Cj  ulnare  ;  /,  f)ollex  ;  jf,  claw  on  pollex  ;  /'',  index  metacarpal  of  carpo-metacarpus  ; 
;'^,  its  first  or  proximal  phalanx  ;  i^^\  its  distal  phalanx  ;  /;/'',  medius  metacarpal  of 
carjMj-metacarpus  ;  ///'''',  its  digit. 

aspect  of  the  first  digit  of  second  metacarpal.  It  is  produced  down- 
wards as  a  flattened  and  peg-like  process,  not  commonly  seen.  This 
phalanx  .supports  below  one  more  long  and  slender  joint.  The  smaller 
digit  of  the  third  metacarpal  has  a  .shape  not  unlike  a  compressed 
claw,  as  it  hooks  over  the  expanded  portion  of  the  finger  at  its  side. 
The  Pelvic  Limb.  —  After  the   process  of  maceration  and  drying. 


Shufeldt  :    Osteology  of  the  LimicolvE,  61 

the  femur  of  this  Curlew  has  all  the  appearance  of  a  pneumatic  bone, 
but  careful  search  fails  to  discover  the  orifices  at  their  accustomed  sites, 
though  a  few  very  minute  openings  are  to  be  seen  on  the  opposite  side 
of  the  bone,  below  the  facet.  This,  I  must  believe,  would  be  an 
unusual  locality  for  such  foramina.  The  femoral  shaft  in  Numenius  is 
straight,  smooth  and  cylindrical,  with  all  muscular  lines  nearly  obso- 
lete. A  rough  surface  is  found  on  the  back  of  the  trochanterian 
prominence,  and  this  portion  rears  well  above  the  facet  at  the  summit. 

The  pit  for  ligamentum  teres  is  very  shallow,  and  rather  irregular  in 
outline.  Several  of  the  characteristic  features  of  the  distal  extremity 
of  the  bone  are  more  keenly  defined  than  those  just  described  for  the 
proximal  end.  The  intercondyloid  notch  is  deeply  excavated ;  the 
anterior  border  of  the  external  condyle  is  a  sharp  crest,  while  the  cor- 
responding surface  on  the  internal  one  is  evenly  rounded.  Upon  the 
reverse  aspect  we  find  the  popliteal  depression  well  sunken,  and  the 
notch  for  the  head  of  fibula  cleanly  cut  out.  A  tubercle  and  pit  exist 
on  its  outer  and  condyloid  side  for  ligamentous  attachment. 

The  length  of  the  tibio- tarsus  in  'this  Curlew  is  double  that  of  the 
femur,  and  the  shaft  of  the  bone  has  a  general  convexity  inclined  out- 
wards. Sections  taken  through  its  middle  third  are  subellipses,  and 
the  expanded  extremities  are  rather  abruptly  attached,  more  particularly 
the  proximal  one.  There  the  pro-  and  ectocnemial  processes  rise 
squarely  from  the  shaft,  showing  but  little  of  that  tendency  to  merge 
gradually  into  it  below.  The  ectocnemial  process  is  shaped  like  a 
claw,  with  its  joint  inclined  downwards.  Its  fellow  is  much  larger, 
lamelliform,  slightly  turned  outwards,  cjuadri lateral  in  figure,  with  the 
angles  rounded  off.  They  are  produced  upwards  as  a  rotular  i)rocess 
to  a  very  slight  extent.  The  fibular  ridge  stands  out  from  the  shaft  on 
its  outer  aspect  as  a  prominent  and  rather  extended  crest  of  bone. 

At  the  distal  extremity  we  find  the  inner  condyle  to  be  smaller  than 
the  opposite  or  outer  one,  as  well  as  proportionately  narrower  from 
above  downwards.  In  the  groove  between  them  anteriorly,  the  tendi- 
nal  ridge  is  ossified,  the  span  being  thrown  directly  across,  and  not 
obliquely,  as  it  is  in  some  birds.  Prominent  tubercles  exist  on  either 
side,  immediately  above  it,  for  ligamentous  attachment,  and  an  addi- 
tional bridge  is  formed  of  this  material  above  this  point.  '\\i<it  fibula 
is  compressed  from  side  to  side  above,  and  club-shaped.  After  articu- 
lating with  the  ridge  designed  for  it  on  the  tibio-tarsus,  it  merges  into 
the  shaft  of  that  bone  a  little  over  half-way  down,  measuring  from  the 
proximal  extremity. 


62 


Annals  of  the  Carnegie  Museum. 


Himantopus,  with  its  pelvic  limb  of  twenty-nine  centimeters  in 
length,  has  a  fibula  that  descends  but  one  fourth  the  distance  down  the 
tibial  shaft. 

The  patella  in  Ntimenius  is,  comparatively,  very  small,  and  of  an 
odd,  irregular  shape.     Oyster-catchers  have  this  sesamoid  only  repre- 


tm,' 


hp 


tnv 


.1 


tm,' 


Fig.  23.  Parts  of  Right  Pelvic  Limb  of  Numenujs  Longirostris,  Natural 
size,  /w,  anterior  view  of  the  larso-metatarsus  ;  /m\  a  view  of  the  surface  of  its  prox- 
imal extremity  at  right  angles  to  the  shaft  ;  ///,  the  hypotarsus  ;  /w^'',  a  view  of  the 
surfaces  of  the  distal  extremity  of  tarso-metatarsus  at  right  angles  to  the  shaft,  showing 
the  trochleic  for  the  poclal  digits  ;  7",  upper  extremity  of  the  tibia  ;  7"'',  view  of  its 
proximal  surface  at  right  angles  to  the  shatt  ;  J"]  anterior  aspect  of  the  femur. 

sented  in  a  diminutive  cartilaginous  nodule,  and  it  is  absent  in  other 
shore-birds.     It  is  small  in  Avocets  and  Willets. 

The  taj'so-ffietatarsus  of  Numcnius  is  but  a  little  over  a  centimeter 
shorter  than  its  tibio-tarsus.  Upon  the  superior  surface  of  its  proxi- 
mal extremity  the  articular  facets  for  the  tibial  condyles  are  deeply 


ShUFELDT:     OSTEfH.IX;V    OV    THK    l.I] 


impressed,  and  a  prominent  tubercle  arises  between  them  on  the  ante- 
rior rim  (Fig.  23,  /m).  Behind,  the  hypotarsus  is  bulky,  being  both 
grooved  and  pierced  for  the  passage  of  the  tendons.      I'he  shaft  of  this 


Fic,  14.  Skull  or  HieniQtopus  tiaiimaui,  left  lalenil  virw  ;  natuml  size. 

Fig.  35,  Mandible  of  HirmaiopHS  batlimam,  viewed  frum  above  ;  natural  si/e. 

Fig.  26.  Skull  uf  Hn-maloput  barkmam,  superior  aspect  ;  natural  size  ;  mandible 
removed. 

Fig.  27,  Skull  of  /fumolopm  ki.kiHani.  basal  vie*  ;  maiiriibk-  rriii.ivfd  ;    iiolural 

Frcs.  24.  25,  26  and  2;  .irrr  all  dra-n  lij-  (ht  author  from  Ihf  »Velelon  of  Ihe  same 
individual  (No.  IJ,636i.nhe  Sniilh5.mian  (■.lileLlion). 


64  Annals  of  the  Carnegie  Museum. 

bone  is  concave  longitudinally  for  its  entire  length  on  the  anterior  as- 
pect, and  less  so  upon  the  posterior.  The  trochlear  prolongations  at 
the  distal  end  are  large,  and  the  extremity  much  expanded,  a  feature 
still  better  marked  in  the  swift-footed  Oyster-catchers.  When  describ- 
ing the  skeleton  in  the  Plovers  I  spoke  of  the  fact  of  a  number  of  the 
limicoline  birds  lacking  the  hind  toes.  This  is  the  case  with  Himan- 
topus  and  others.  With  respect  to  the  Curlews,  in  number,  the  pha- 
langes of  the  podal  digits  are  arranged  upon  the  common  plan  of  the 
avian  foot,  and  in  no  way  offer  us  anything  beyond  the  ornithic  char- 
acteristics that  pertain  to  the  skeletal  foot  of  a  typical  wader. 

Now  the  writer  has  made  many  comparisons  of  the  wing  and  leg  bones 
of  the  LimicolcB,  and  has  failed  to  find  any  very  decided  departures 
from  what  has  been  given  above  for  the  Curlews.  Practically,  the 
characters  are  the  same  throughout  the  suborder.  Even  those  birds 
that  show  the  more  marked  differences  in  other  directions,  as  the 
Woodcocks  and  Gallinago^  have  the  skeleton  of  the  limbs  typically 
limicoline.  This  does  not  apply  to  the  comparative  and  relative 
lengths  and  calibers  of  bones,  for  such  may  differ,  and  probably  do, 
among  the  various  species  and  genera  of  shore-birds.  Nor  does  the 
absence  or  presence  of  the  claw  on  the  pollex  phalanx  seem  to  go  for 
much,  for  although  entirely  wanting  in  some  forms,  it  is  most  rudi- 
mentary in  others,  while  as  we  have  seen,  in  Numenius  it  is  a  true 
claw,  piercing  the  integuments  and  covered  with  a  horny  sheath. 
Such  a  claw  never  occurs,  I  believe,  on  the  distal  phalanx  of  index 
digit  in  any  of  the  LimicolcE. 

In  so  far  as  the  osteology  of  the  AphrizidcB  is  concerned  I  have 
already  given  a  full  account  of  the  skeleton  of  the  Surf  Bird  in  a  paper 
entitled,  **  On  the  Affinities  of  Aphriza  virgata,'"  which  appeared  in 
The  Journal  of  Morphology  for  November,  1888  (Vol.  II.,  No.  2),  and 
to  it  the  reader  is  referred  for  such  limicoline  characters  that  are  desir- 
able to  be  taken  into  consideration  with  what  is  set  forth  in  the  present 
memoir.  There  are  some  few  corrections  the  writer  would  like  to 
make  in  the  aforesaid  paper,  but  they  are  not  of  sufficient  importance 
to  justify  its  republication  as  a  whole.  There  is,  however,  one  point  I 
should  like  to  invite  attention  to,  and  that  is  what  I  say  in  that  paper 
in  regard  to  the  unreliability  of  the  so-called  notches  in  the  sterna  of 
some  genera  of  birds.  As  a  character  it  attracted  the  attention  of  Pro- 
fessor Alfred  Newton,  F.R.S.,  and  he  wrote  me  from  Cambridge,  Eng- 
land, under  date  of  December  14,  1889,  ^^^  ^*^^^  ^^  connection  with 


Shufeldt:    Osteology  of  the  LrMicoL^E.  65 

two  sterna  of  the  European  Woodcock  he  kindly  submitted  me  for 
examination,  **  but  I  send  two  to  show  how  variable  is  the  form  of  the 
posterior  notches  in  this  species ;  I  have  always  maintained  that  char- 
acters drawn  from  this  part  of  the  sternum  are  comparatively  of  little 
value,  and  especially  in  the  Limicolce. ' ' 

I  now  pass  to  a  brief  consideration  of  the  osteology  of  the  Jacanas. 

Notes  on  the  Skeleton  in  the  Jacanas  {^The  Jacanidce), 

Jacanas  are  birds  which  have  been  considered  by  some  as  belonging 
to  the  family  RallidcB  and  by  others  placed  in  the  present  group. 
Their  position  here  however,  I  think  has  now  been  most  definitely 
settled,  chiefly  through  the  anatomical  investigations  upon  numerous 
species  of  them,  undertaken  by  Garrod  and  by  Forbes.  The  former 
writer  in  his  celebrated  paper,  **  On  the  Value  in  Classification  of  a 
Peculiarity  in  the  Anterior  Margin  of  the  Nasal  Bones  in  certain  Birds  * ' 
has  said  that  *  *  Parra  should  be  removed  to  the  Charadriomorphae,  *  * 
and  the  last-named  talented  anatomist  in  his  excellent  paper  on  **  Notes 
on  the  Anatomy  and  Systematic  Position  of  the  Jacanas  {Farrida).'' 
has  very  conclusively  settled  their  taxonomic  position  for  all  time.  I 
will  use  this  paper  of  Forbes  c[uite  extensively  here  for  what  there  is 
to  be  said  about  their  osteology.  He  examined  specimens  of  Parra 
jacana  and  gyrnnostomay  Metopidius  indicus,  africanus  and  albinuchay 
and  Hydrophasianus  chiriirgusy  and  the  present  writer  has  closely 
studied  a  mounted  skeleton  of  P,  gy?nnostoma,  Garrod  figured  the 
skull  of  Hydralector  cristata  (P.  Z.  S.,  1873,  P-  34>  ^^S-  5)>  ^^^ 
Forbes  the  skull  of  P,  jacana  (Coll.  Sci.,  Memoirs,  p.  224,  Fig.  i). 

In  speaking  of  them  as  a  family  Forbes  said  in  his  paper  :  **  There 
are  well-developed  basipterygoid  processes,  which  are  always  absent  in 
the  Rails,  though  of  very  frequent  occurrence  amongst  the  *  Pluviales,  * 
occurring  in  all  the  Charadriinae  and  Scolopacinae  I  have  examined. 
In  Parra  jacana  and  Metopidius  albinucha^  the  long,  narrow,  slightly 
decurved  vomer  is  emarginate  apically,  as  in  certain  Charadriidae.  In 
the  Rallidce  it  is,  I  believe,  always  sharp  at  the  point.*' 

**The  maxillo-palatine  processes  are  rather   slender  and  directed 

backwards  ;  they  have  the  form  of  concavo-convex  lamellae,  are  not  at 

all  swollen,  and  do  not  unite  by  some  way  in  the   middle  line,   the 

vomer  appearing  between  and  (when   the  skull   is  viewed  from  the 

palatal  aspect)  below  them." 

1  Garrod,  A.  H.,  P.  Z.  S.,  Ix)nd.,  1873,  pp.  33-38.     See  page  37. 
J  Forbes,  W.  A.,  P.  Z.  S.,  Ix)nd.,  1881,  pp.  639-647. 


66  Annals  of  the  Carnegie  Museum. 

**  There  is  no  ossified  internasal  septum,  nor  any  ossification  of  the 
narial  cartilages.  The  lacrymal  is  small,  anchylosed  with  the  naso- 
frontal region  of  the  skull  above,  and  with  the  *  pars  plana  *  below. '  * 

<*  On  the  posterior  aspect  of  the  skull  there  are  no  traces  of  the 
occipital  fontanelles,  which  are  found  in  so  many  birds  related  to  the 
Plovers. ' ' 

**The  supraorbital  impressions  for  the  nasal  glands,  which  are  so 
conspicuous  in  most  Plovers,  the  Gulls,  Auks  and  many  other  birds, 
are  absent  in  the  Parridae.'* 

Forbes  showed  by  a  drawing  how  unlike  the  sternum  of  Metopidius 
albinucha  was  the  bone  as  it  is  found  in  the  RallidcBy  and  added  :  "In 
the  latter  group  the  sternum  is  always  peculiar  in  tfiat  the  xiphoid  pro- 
cesses exceed  in  length  the  body  of  the  sternum,  which  tapers  to  a 
point  posteriorly,  and  from  which  they  are  separated  by  very  long  and 
well-marked  triangular  notches.  The  carina  sterni  also  is  less  well 
developed,  and  the  clavicles  are  weaker  and  straighter,  being  less 
convex  forwards  than  in  the  Parridae.  The  sternum  and  clavicles  of 
Parra  and  Metopidius  in  general  form,  on  the  other  hand,  resemble 
closely  the  type  found  in  some  of  the  Pluvialine  birds  (<f.  g.^  Thino- 
coruSy  Attagis) . '  * 

**  The  pelvis,  again,  of  the  Rails  presents  certain  well-marked  pecu- 
liarities. If  that  of  Ralliis  aquaticus  be  taken  as  a  typical  form,  it 
will  be  found  that  the  ilia  are  long  and  narrow,  and  but  little  expanded 
in  their  preacetabular  part.  The  postacetabular  portion  of  the  pelvis 
is  but  little  bent  down  on  the  preacetabular  part ;  and  the  ischia  and 
pubes  are  but  little  everted.  The  ischia  are  united  by  broad  bony 
plates  to  about  the  three  most  posterior  *  *  sacral ' '  vertebrae  ;  between 
these  plates  and  the  expanded  part  of  the  ilia  above  are  well-developed 
and  deep  fossae,  occupied,  in  the  fresh  state,  by  the  posterior  portion 
of  the  kidneys.  Viewed  from  above,  the  well-marked  **  postacetabu- 
lar ' '  ridge,  which  divides  off  the  dorsal  from  the  lateral  aspect  of  the 
pelvis,  running  from  just  behind  the  an ti trochanteric  eminence  to  the 
posterior  spine  of  the  ilium,  presents,  a  little  behind  those  two  points, 
a  strongly  projecting  process.  The  greatest  breadth  of  the  postace- 
tabular part  of  the  pelvis  is  therefore  here,  and  not  at  the  more  an- 
teriorly situated  prominence,  close  to  the  antitrochanter.  Viewed  from 
the  side,  this  ridge  forms  a  sort  of  overlapping  roof  to  the  slightly 
excavated  external  pelvic  fossa.  The  genera  Ocydromns,  Aramides, 
Fulica  and  Porphyria  do  not  essentially  depart  from  this  type."      **  In 


Shufeldt  :    Osteology  of  the  Limicol^e.  67 

Parra  and  Meiopidius  the  ilia  are  wider  and  more  expanded  anteriorly. 
The  postacetabular  ridge  has  hardly  any  median  projection ;  and  the 
pelvis  is  widest,  dorsajly,  just  behind  the  anti trochanters.  The  plates 
of  bone  between  the  ischia  and  sacrum  are  narrower,  and  the  posterior 
part  of  the  renal  fossae  less  well  developed,  and  more  open  in  conse- 
quence. In  all  these  points  these  forms  thus  approach  the  Limicoline 
birds.*' 

After  showing  the  peculiarly  expanded  radius  present  in  some  of  the 
genera  of  the  Parridce,  and  illustrating  it  by  a  drawing  of  the  \i\xig- 
hovit,^  oi  Afetopidius  albinucha  (Coll.  Sci.  Mem.,  pp.  227,  228,  Fig. 
3),  he  adds:  **In  Parra  jacana  and  P.  gymnosto?na  the  radius  pre- 
sents the  ordinary  form ;  and  the  same  is  the  case  in  Hydrophasianus 
chirurm^us.  .  .*  .  The  *  claw '  or  *  spur  *  of  the  wing  of  the  Jacanas 
has,  it  may  be  observed,  no  relation  whatever  to  the  *  claw '  or  nail 
of  the  pollex,  which  is  also  present,  though  small,  in  all  the  three 
genera  I  have  examined.  The  *  spur,'  in  Parra  jacana  at  least,  con- 
sists of  an  external,  translucent,  yellow  epidermic  layer,  which  invests 
a  central  core  of  compact  fibrous  tissue,  this  in  turn  being  supported 
by  a  bony  projection  developed  at  the  radial  side  of  the  first  meta- 
carpal." 

**  As  regards  the  position  of  the  Parridae  in  the  group  Pluviales,  it 
appears  to  me  that  they  form  a  well-marked  family,  with  no  very  obvi- 
ous relationships  to  any  of  the  other  families  of  that  group,  approaching, 
however,  perhaps  most  nearly  to  the  (^haradriidae,  from  which  they 
are  easily  distinguishable  by  the  absence  of  supraorbital  glands  and 
occipital  foramina,  by  their  enormously  elongated  toes,  by  the  number 
of  rectrices,  and  other  points.  A  brief  definition  of  the  Parridae  may 
be  given  as  follows  :  ' ' 

**  Charadriiform  birds,  with  ten  rectrices,  short  caeca,  and  a  tufted 
oil-gland ;  with  the  ambiens,  accessory  femoro-caudal,  and  accessory 
semitendinosus  muscles  developed,  and  with  the  obturator  intemus 
triangular ;  with  a  two-notched  sternum,  and  with  the  digits,  includ- 
ing the  hallux,  greatly  developed ;  with  the  skull  provided  with  basi- 
pterygoid  processes,  but  lacking  occipital  foramina  and  supraorbital 
gland-depressions. ' ' 

I  am  inclined  to  depart  somewhat  from  this  finding  of  Forbes,  and 
although  I  believe  that  the  Jacanas  belong  among  the  Limicolae,  as  we 
have  here  placed  them,  I  am  inclined  to  think  that  their  relationship 
to  certain  of  the  Sandpipers  is  closer  than  it  is  with  any  of  the  Plovers. 


68  Annai^  of  the  Carnegie  Museum. 

In  the  first  place  they  are  more  strictly  aquatic  than  are  most  of  the 
Plovers,  and  many  of  the  latter  have  but  three  toes  (the  anterior  ones). 
The  Jacanas  have  a  two-notched  sternum,  so  has  Rhyacophilus  solita- 
rius  and  Actitis  macularia  and  probably  other  Tringce,  In  all  the  typi- 
cal Plovers,  I  believe,  the  sternum  is  four-notched.  Jacanas  have  a 
habit  occasionally,  when  standing,  of  stretching  the  wings  upwards  to 
their  full  extent  above  the  back,  so  that  they  nearly  or  quite  touch  each 
other.  Rhyacophilus  and  other  Sandpipers  have  the  same  peculiar 
habit,  and  it  is  not  practiced  by  the  Plovers.  The  skull  of  a  Jacana 
is  quite  as  much  tringine  as  it  is  pluvialine,  as  is  also  its  pectoral  arch, 
and  some  other  bones  of  its  skeleton. 

In  the  specimen  I  examined  (^Jacana  gymnostoma)  I  found  the 
postero-external  angles  of  the  palatines  rounded ;  and  the  vomer 
anchylosed  with  those  bones.  The  basipterygoid  processes  were  pres- 
ent. The  vomer  long,  slender  and  rounded  anteriorly.  Two  vacui- 
ties occupied  the  interorbital  septum.  Maxillo-palatines  were  small, 
elongated,  not  swollen,  and  nearly  hidden  by  the  praepalatines.  De- 
scending process  of  lacrymal  fused  with  pars  plana,  and  the  bone 
anchylosed  with  the  frontal  and  nasal  above.  Schizorhinal  in  type,  it 
likewise  possessed  twenty-one  vertebrae  between  the  skull  and  pelvis 
(Rails,  as  a  rule,  have  twenty-two).  Morphologically,  both  sternum 
and  pelvis  are  tringo-ralline,  with  the  os  furcula  tringine  in  type.  As 
to  the  ribs,  I  found  five  haemapophyses  that  reached  the  sternum,  and 
one  pair  that  did  not  do  so.  There  are  two  pairs  of  cervical  ribs 
which  articulated  with  their  vertebrae.  A  patella  is  present  which 
sesamoid  is  absent  in  true  Rallidce, 

Synopsis  of  the  Principal  Osteological  Characters  of 

THE    LiMICOLvE. 

1.  Excepting  certain  parts  of  the  skull,  the  entire  skeleton  is  non- 
pneumatic. 

2.  Bones  of  the  facial  region  (premaxilla)  may  be  shortened 
(pluvialine  types)  or  lengthened  (scolopacine  types)  ;  and  in  certain 
of  the  latter  it  may  be  either  recurved  or  deflected  to  one  side. 

3.  The  sphenoidal  rostrum  is  elongated  and  slender,  and  the 
mesethmoid  projects  forward  beneath  the  premaxilla. 

4.  All  the  forms  are  of  the  schizognathous  type,  as  well  as  schizo- 
rhinal. 

5.  The  vomer  may  be  small  and  spiculiform  {Fhilohela)y  or  long 


Shufeldt  :    Osteology  of  the  Limicol^e.  69 

and  lamelliform.     It  may  be  pointed  anteriorly,  or  bifurcated  ( Avocets 
and  HcBmatopus)  or  rounded,  as  in  some  of  the  Jacanidce. 

6.  The  maxillo-palatines  are  usually  plate-like,  concavo-convex 
scrolls,  often  nearly  absorbed  by  perforating  foramina.  In  HcBmatopus 
they  are  flat  and  thicker,  and  fuse  with  the  palatines. 

7.  Basi -pterygoid  processes  are  always  present  and  functional. 

8.  The  interorbital  septum  always  shows  a  central  perforation  of 
greater  or  less  size.     This  is  least  noticeable  in  Macrorhamphus . 

9.  The  angle  of  the  mandible  may  be  either  a  sharp,  recurved 
process  or  it  may  be  lamelliform  as  in  Hmmatopus,  It  may  have  its 
articular  ends  bent  downwards  as  in  the  Woodcocks  and  Gallinago, 

10.  The  sternum  may  have  two  pairs  of  xiphoidal  notches  (Plovers 
and  others),  or  a  single  pair  {Acfifisy  RhyacophibiSy  Jacanas,  Wood- 
cocks and  Gallinago),  Its  manubrium  is  never  large,  and  the  keel 
is  deep.  Os  furcula  is  of  the  U-shaped  pattern,  and  its  hypocleidium 
small  or  nearly  aborted. 

11.  Hallux  usually  much  reduced  in  size,  except  in  Jacanidce,  or 
may  be  entirely  absent. 

12.  The  phalanges  of  the  anterior  toes  diminish  in  length  from  the 
basal  to  the  penultimate. 

On  the  Affinities  of  the  Limicol^e. 

Regarding  this  suborder  as  a  whole,  and  selecting  any  genus  of 
Plovers  to  represent  its  center,  then  by  the  aid  of  osteological  charac- 
ters alone,  it  is  not  a  difficult  matter  to  trace  from  them,  through  cer- 
tain forms,  to  the  Laridce  and  their  kin.  On  another  line,  and 
passing  the  Sandpipers,  Willets,  Godwits  and  Curlews  in  review,  we 
find  them  also  related  to  the  Ibises  and  their  relatives.  Or  from  the 
Willets,  through  the  Avocets  and  Stilts,  they  seem  to  lead  to  Eurypyga, 
and  through  such  tringine  forms  as  Rhyacophilus  and  Ac  tit  is,  related 
as  they  are  to  the  Jacanidce,  they  lead  to  the  Rallidce  of  the  suborder 
FuLiCARi^.  Finally,  W.  Kitchen  Parker  has  shown  that  through 
Hceinatopus  and  Chionis,  their  affinity  with  the  Tiibinares  can  be 
demonstrated. 

In  some  respects  the  Limicolce  rank  lower  than  the  herodine  and 
ralline  types,  while  in  other  particulars  they  are  undoubtedly  higher. 

Regarding  the  forms  we  have  dealt  with  in  the  present  chapter,  and 
again  selecting  the  Plovers  as  the  center  of  the  group,  we  find  that 
through  Aphriza  virgata   of  the    family   Aphrizidce  they  are    linked 


70 


Annals  of  the  Carnegie  Museum. 


most  perfectly  with  the  Tringece,  as  through  the  Turnstones  of  the 
Family  ArenaridcB  their  kinship  with  the  Oyster-catchers  of  the 
Family  HcBmatopodidoR  may  easily  be  traced.  Phalaropes  are  most 
nearly  related  to  the  Sandpipers  ;  and  the  Woodcocks  and  Gallinago 
in  their  shoulder-girdles,  pelves,  and  less  so  in  their  sterna,  show 
strong  ties  with  larine  stock,  as  in  its  skull  does  also  Hctmatopus,  The 
line  from  the  Plovers  through  the  Sandpipers  —  and  Micropalama  — 
Macrorhamphus  —  to  the  true  Snipes  and  Scolapax  rusticola  is  clearly 
indicated,  and  most  distinct.  And  starting  from  the  pluvial ine  center 
again,  we  once  more  pass  through  the  Tringea^  Actitisy  Rhyacophilus, 
the  Tatlers  of  the  genus  Totanus,  through  Limosa  to  the  Curlews. 

Some  of  these  relationships  cannot  be  definitely  made  out  until  we 
are  in  possession  of  a  fuller  knowledge  of  the  anatomy  in  its  entirety 
of  many  of  the  types  which  have  been  named  in  this  memoir.  At 
the  present  writing  I  am  engaged  upon  preparing  a  provisional  scheme 
of  classification  of  Aves  as  a  Class.  In  it  I  place  the  Chara- 
DRiiFORMES  (IX.)  between  the  Lariformes  and  the  group  containing 
all  the  ralline  types.     They  are  then  arranged  in  the  following  manner. 


SUPERSUBORDER. 


Suborder. 


Limicolse. 


X.  Charadriiformes.   ' 


Cursorre. 


SUPERFAMILY. 


Jacanoidea. 


Otidoidea. 


Family. 

Charadriidae. 

Arenariidae. 

Hsematopodidae. 

Aphrizidae. 

Scolopacidae. 

Phalaropodidae. 

Recurvirostridas. 

Jacanidse. 

Thinocoridae. 

DromadidjE. 

Glareolidae. 

Cursoriidae. 
r  QLdicnemidae. 
\  Otididae. 


Explanation  of  Plate. 

Right  lateral  view  of  the  skeleton  of  Jacana  gymnostoma.     Collection  of  the 
United  States  National  Museum,  No.  17,317.     Nearly  natural  size. 


IV.     MINUTE    BOOK   OF   THE    VIRGINIA    COURT    HELD 
FOR   YOHOGANIA    COUNTY,    FIRST    AT    AUGUSTA 
TOWN  (NOW  WASHINGTON,   PA.),  AND  AFTER- 
WARDS ON  THE  ANDREW  HEATH  FARM 
NEAR  WEST  ELIZABETH  ;   1 776-1 780. 

Edited  by  Boyd  Crumrine,  of  Washington,  Pa. 


Introductory. 

The  minutes  of  this  court,  as  well  as  those  of  the  old  Fort  Dunmore 
court  printed  with  an  introductory  sketch  in  Vol.  I.,  pp.  505-568  of 
these  AnnalSy  are  preserved  in  several  old  manuscript  volumes  of 
unruled  paper,  legal-cap  size.  The  entries  in  these  order  books  were 
evidently  written  hastily  by  the  official  clerks  during  the  sessions  of  the 
court,  accounting  for  the  misspelling  of  many  proper  names  and  other 
words,  and  for  frequent  illegibility.  They  may  have  been  intended 
to  be  copied  out  at  length  in  the  more  formal  records  of  the  court 
proceedings ;  but  it  is  possible  that,  as  the  courts  themselves  as  well 
as  the  Virginia  territorial  jurisdictions  ceased  to  exist  after  the  final 
running  of  the  southern  and  western  boundary  lines,  no  other  and 
more  regular  transcript  of  the  orders  was  ever  made,  and  that  the 
records  now  published  are  the  only  ones  in  existence  containing  the 
judicial  business  of  these  ancient  courts. 

These  records  are  accurately  copied,  when  at  all  legible,  as  spelled 
and  capitalized  in  the  original ;  even  the  punctuation  is  unchanged 
except  now  and  then  when  thought  to  be  absolutely  necessary  for  in- 
telligibility. For  it  is  believed  that  when  the  details  of  local  history 
are  given,  for  the  subsequent  use  of  the  general  historian,  this  literal- 
ness  of  transcription  gives  color  and  strength  to  local  incidents.  So 
when  one  meets  in  old  records  with  the  name  James  Swolevan,  he  is 
interested  in  determining  that  the  name  must  have  been  that  of  plain 
James  Sullivan.  And  shall  we  say  that  the  name  **  Worshington  ** 
was  not  '  *  Washington  * '  ? 

71 


72  Annals  of  the  Carnegie  Museuivi. 

Attention  is  called  to  the  efforts  made,  as  disclosed  in  the  proceed- 
ings of  the  Court  of  Yohogania  County  now  published,  to  have  the 
oath  of  allegiance  to  the  State  of  Virginia  administered  to  all  the  in- 
habitants of  the  Monongahela  and  Ohio  valleys,  within  the  limits  of 
the  actually  exercised  jurisdiction  of  Westmoreland  County,  Pennsyl- 
vania. ^ 

Why  are  the  records  of  these  old  Virginia  courts  found  in  the  vaults 
of  the  court-house  of  Washington  County,  Pennsylvania  ?  A  reply  to 
this  question  may  be  made  as  follows : 

On  March  i,  1780,  just  before  the  final  ratification  by  Pennsyl- 
vania and  Virginia  of  the  agreement  at  the  Baltimore  Conference,  on 
the  establishment  of  the  boundary  lines  between  the  two  states,  and 
whilst  all  the  territory  of  Washington,  Allegheny,  Fayette  and  Greene 
counties  and  of  that  part  of  Beaver  county  south  of  the  Ohio  River  still 
formed  part  of  Westmoreland  County,  erected  in  1773,  the  legislature 
of  Pennsylvania,  **  first  of  all  the  states,"  says  III.  Bryant's  Hist,  of 
U.  S.,  177,  passed  an  act  for  the  gradual  emancipation  of  all  the 
slaves  within  its  jurisdiction.^  And  on  March  21,  1781,  Washington 
County  was  erected,  the  first  new  County  out  of  old  Westmoreland. 
Then  on  April  13,  1 782,  less  than  two  years  after  the  Virginia  courts  had 
ceased  to  be  held  within  the  limits  of  Pennsylvania,  and  still  before  the 
boundary  lines  had  been  actually  run  on  the  ground,  an  act  was  passed 
by  the  general  assembly  of  Pennsylvania,  entitled  '  *  An  Act  to  redress 
certain  grievances  within  the  Counties  of  Westmoreland  and  Wash- 
ington."*    The  preamble  to  this  act  recited  : 

**  Whereas  a  number  of  the  inhabitants  of  Westmoreland  and  Wash- 
ington counties  have  represented  to  the  General  Assembly  that  they 
labor  under  many  inconveniences  by  reason  that  Before  the  Boundary 
was  agreed  to  between  the  States  of  Virginia  and  Pennsylvania,  many 
of  the  inhabitants  aforesaid,  conceiving  themselves  under  the  jurisdic- 
tion of  Virginia,  which  exercised  judicial  authority  over  them,  had 
taken  and  subscribed  the  oath  of  Allegiance  and  Fidelity  as  prescribed  by 
the  laws  and  the  usages  of  the  said  State,  [and]  are  considered  in  many 
respects  as  not  entitled  to  all  the  rights  of  free  citizens  of  this  State  ; 
and  but  for  the  reason  above  mentioned  they  have  had  no  opportunity 

'See  the  Order  of  Court  on  August  26,  1777,  and  9  Henning's  Statutes  281. 

2  See  Act  of  March  I,  1780,  II.  Carey  &  Bioren,  246;  I.  Dall.  L.,  838;  I 
Smith's  L.,  492. 

'  This  act  is  not  found  at  length  in  any  of  the  editions  of  our  Pennsylvania  laws, 
but  see  it  noted  as  obsolete  in  I.  Dall.  L. ,  p.  55' 


Minutes  of  Court  of  Yohogania  County.       73 

of  entering  or  registering  their  slaves  agreeable  to  the  Act  of  Assembly 
of  this  State  for  the  gradual  Abolition  of  slavery  ;  and  that  a  number 
of  the  records  and  papers  containing  the  proceedings  of  the  late 
counties  of  Yohogania,  Monongalia  and  Ohio  are  now  in  the  hands  of 
the  late  Clerks,  who  are  not  authorized  to  give  exemplied  copies 
thereof :  ' ' 

Then  followed  enacting  sections  providing  that  all  the  inhabitants 
of  Westmoreland  and  Washington  counties,  whose  names  should  be 
found  in  the  records  thereinafter  mentioned,  having  and  producing  to 
the  clerks  of  the  General  Quarter  Sessions  of  the  said  counties  respec- 
tively **  certified  copies  or  certificates  of  their  having  taken  the  Oath  of 
Allegiance  and  Fidelity  to  the  State  of  Virginia  before  the  said  Bound- 
ary was  agreed  to,  shall  be  and  they  are  hereby  declared  to  be  to  all  in- 
tents and  purposes  free  citizens  of  this  state  ;  "  and  further  providing 
that  all  such  inhabitants  **  who  were  on  the  23rd  day  of  Sept.,  1780,* 
possessed  of  Negro  or  Mulatto  slaves  or  servants  until  the  age  of  thirty 
one  years,'*  might  register  such  slaves  or  servants  under  said  act  for 
the  gradual  abolition  of  slavery,  **  on  or  before  the  ist  day  of  January 
next ;  and  the  said  master  or  masters,  owner  or  owners  of  such  slaves 
or  servants  shall  be  entitled  to  his  or  their  services  as  by  the  said  act 
is  directed,  and  the  said  slaves  and  servants  shall  be  entitled  to  all 
benefits  and  immunities  in  the  said  act  contained  and  expressed." 
Then  followed  the  final  section : 

"  A /id  be  it  further  enacted  by  the  authority  aforesaid ^  that  the 
Clerks  of  the  Orphans'  Courts,  the  Registers  of  the  probates  of  Wills 
and  granting  letters  of  administration,  and  the  Recorders  of  Deeds, 
for  the  respective  counties  of  Westmoreland  and  Washington  aforesaid, 
shall  be  authorized  and  empowered  to  call  on  the  late  clerks  of  the 
said  counties  of  Yohogania,  Monongalia  and  Ohio,  for  all  such  papers 
and  records  in  their  custody  or  possession,  which  relate  to  or  affect 
the  taking  of  the  oath  or  affirmation  of  Allegiance,  the  probates  of 
wills,  granting  letters  of  administration,  and  the  Recording  of  Deeds 
or  other  indentures  of  Bargain  and  Sale,  of  any  of  the  inhabitants  of 
the  said  counties  of  Westmoreland  and  Washington,  and  when  they 
shall  receive  all  or  any  part  of  the  said  papers  and  records  as  aforesaid 
they  shall  be  lodged  within  their  respective  offices  and  become  part  of 
the  records  of  said  counties;  and  the  said  Clerks  are  hereby  required 

1  The  day  of  the  final  ratification  by  Pennsylvania  of  the  final  agreement  for  the 
boundary  lines  ;    VIII.  Penna.  Archives,  570. 


74  Annals  of  the  Carnegie  Museum. 

and  enjoined  on  demand  as  aforesaid  to  deliver  up  intire  and  indefaced 
all  such  papers  and  records  as  aforesaid,  and  in  case  they  or  either  of 
them  shall  refuse  or  neglect  to  deliver  up  the  papers  and  records  in 
manner  and  form  aforesaid,  they  or  either  of  them  so  neglecting  or 
refusing  shall  forfeit  and  pay  the  sum  of  five  hundred  pounds,  to  be 
recovered  by  action  of  debt  in  any  court  of  Common  Pleas  within  this 
Commonwealth,  for  the  use  of  the  same. 

*  *  Signed  by  order  of  the  House, 

^^  Fred* k  A,  Muhlenburg^  Speaker ^ 
Monongalia  and  Ohio  counties,  Virginia,  did  not  become  extinct, 
but  were  pushed  out  of  Pennsylvania  by  the  boundary  lines  established, 
and  carried  their  records  with  them.  The  records  of  the  courts  at 
Fort  Dunmore  and  for  Yohogania  County,  thus  became  a  part  of  the 
official  records  of  Washington  County,  Pennsylvania. 

By  reference  to  the  record  of  the  formal  organization  of  the  old  Fort 
Dunmore  court.  Vol.  I.,  p.  525  of  these  Annals y  it  is  seen  that  that 
court  was  constituted  under  "His  Majesties  Writ,**  issued  by  Lord 
Dunmore,  **  for  adjorning  the  County  Court  of  Augusta  from  the  Town 
of  Staunton  to  Fort  Dunmore,  and  with  a  new  Commission  of  the 
Peace,"  which  included  George  Croghan  and  fourteen  others  named 
after  him,  all  of  whom  resided  in  the  Monongahela  and  Ohio  valleys, 
as  **  Gentlemen,  Justices."  The  creation  of  that  court  was  by  the 
will  of  King  George  as  expressed  by  his  colonial  representative,  Lord 
Dunmore.  But  there  came  a  time  when  His  Majesty's  writs  by  whom- 
soever issued  were  inoperative  west  of  the  Alleghenies,  as  well  as  east 
of  them  to  the  Atlantic;  and,  as  noted  briefly  on  p.  520,  Vol.  L  of 
these  Annals,  the  legislature  of  Virginia,  now  become  an  independent 
commonwealth,  in  October,  1776,  passed  An  Act  for  ascertaining  the 
boundary  between  the  County  of  Augusta  and 'the  District  of  West 
Augusta,  and  for  dividing  the  said  District  into  three  district  Counties. 

This  act,  to  be  found  at  length  by  the  reference  in  the  note,*  estab- 
lished the  southern  boundaries  of  the  District  of  West  Augusta,  and 
proceeded : 

**And  to  render  the  benefits  of  government  and  administration  of 
justice  more  easy  and  convenient  to  the  people  of  said  District,  Be  it 
enacted,  &c..  That  from  and  after  the  8th  day  of  November  next  en- 

•  Chapter  XLV.,  9  Henning's  Statutes,  262.  See  our  map  of  the  District  of  West 
Augusta,  facing  p.  518,  Vol.  I.  of  these  Annals. 


Minutes  of  Court  of  Yohogania  County.  75 

suing  all  that  part  of  said  District  lying  within  the  following  lines,  to 
wit :  Beginning  at  the  mouth  of  Cross  Creek,  thence  up  the  same 
to  the  head  thereof,  thence  southeastwardly  to  the  nearest  part  of  the 
ridge  which  divides  the  waters  of  the  Ohio  from  those  of  the  Mononga- 
hela,  thence  along  the  said  ridge  to  the  line  which  divides  the  county 
of  Augusta  from  the  said  District,  thence  with  the  said  Boundary  to 
the  Ohio,  thence  up  the  same  to  the  beginning,  shall  be  one  distinct 
county  and  be  called  and  known  by  the  name  of  Ohio  County, 

'*  And  all  that  part  of  the  said  District  lying  to  the  northward  of 
the  following  lines,  viz  :  Beginning  at  the  mouth  of  Cross  Creek,  and 
running  up  its  several  courses  to  the  head  thereof,  thence  southeast- 
wardly to  the  nearest  part  of  the  aforesaid  dividing  ridge  between  the 
waters  of  the  Monongahela  and  Ohio,  thence  along  the  said  ridge  to 
the  head  of  Ten  Mile  Creek,  thence  east  to  the  road  leading  from  Cat- 
fish-Camp to  Redstone  Old  Fort,  thence  along  the  said  road  to  the 
Monongahela  River  to  the  said  Fort,  thence  along  Dunlap's  old  road  to 
Braddock's  road  and  with  the  same  to  the  meridian  of  the  head  foun- 
tain of  the  Potowmack,  shall  be  one  other  distinct  county  and  shall  be 
called  and  known  by  the  name  of  Yohogania  County. 

**  And  all  that  part  of  the  said  District  lying  to  the  northward  of  the 
county  of  Augusta,  to  the  westward  of  the  meridian  of  the  head  foun- 
tain of  the  Potowmack,  to  the  southward  of  the  county  of  Yohogania, 
and  to  the  eastward  of  the  county  of  Ohio  shall  be  one  other  distinct 
county,  and  shall  be  called  and  known  by  the  name  of  the  County  of 
Monongalia, 

**  And  for  the  administration  of  justice  in  the  said  counties  of  Ohio, 
Yohogania  and  Monongalia,  after  the  same  shall  take  place,  Be  it  en- 
acted, &c..  That  after  the  said  8th  day  of  November,  courts  shall  be 
constantly  held  every  month  by  the  Justices  of  the  respective  Counties, 
upon  the  days  hereafter  specified  for  each  county  respectively,  that  is 
to  say :  For  the  County  of  Ohio,  on  the  first  Monday,  for  the  County 
of  Monongalia  on  the  second  Monday,  and  for  the  County  of  Yoho- 
gania on  the  fourth  Monday  in  every  month,  and  in  such  manner  as 
by  the  laws  of  this  Commonwealth  is  provided  for  other  Counties,  and 
as  shall  be  by  their  Commission  directed."  ' 

A  subsequent  section  of  this  Virginia  statute  provided  that  the  court 
of  Yohogania  County  should  have  jurisdiction  to  hear  and  determine 
all   actions  and  suits,  both  at  law  and  in  equity,  which  should  be 

'  See  Crumrine's  **  History  of  Washington  County,"  p.  183  and  notes. 


76  Annals  of  the  Carnegie  Museum. 

**  depending  "  before  the  Court  of  West  Augusta  at  the  time  the  said 
jurisdiction  should  take  place.  And  it  was  further  enacted/  that  the 
landholders  of  the  said  counties,  respectively,  should  meet  on  the  8th 
day  of  December  next,  those  of  the  County  of  Yohogania  '*  at  the  house 
of  Andrew  Heath,  on  the  Monongahela ' '  ;  those  of  the  County  of 
Monongalia  **  at  the  house  of  Jonathan  Corbin  [Cobum]  in  the  said 
county  *'  ;  and  those  of  the  County  of  Ohio  **  at  the  house  of  Ezekiel 
Dewit  in  the  said  County,"  then  and  there  to  choose  the  place  of  hold- 
ing courts  for  their  respective  counties. 

Jonathan  Cobum  lived  about  ten  miles  southeast  of  New  Geneva,  in 
what  is  now  Fayette  County,  and  the  place  chosen  for  holding  the 
courts  of  Monongalia  County  was  the  plantation  of  Theophilus  Philips, 
about  two  miles  above  New  Geneva,  on  the  upper  Monongahela,  and 
here  the  courts  of  that  county  were  held  until  the  establishment  of  the 
boundary  line,  when,  to  get  them  out  of  Pennsylvania,  they  were 
removed  to  the  plantation  of  Zachwell  Morgan,  afterwards  Morgan- 
town  ;  but  the  early  records  of  this  court  were  lost  in  the  burning  of 
the  court-house  at  Morgantown  in  1796.  The  place  chosen  by  the 
landholders  of  Ohio  County  for  the  holding  of  the  court  for  that 
county  was  Black* s  Cabin,  on  Short  Creek,  now  West  Liberty,  West 
Va.,  and  the  first  court  held  there  was  on  January  6,  1777.  There 
these  courts  continued  to  be  held  until  1797,  when  they  were  removed 
to  Wheeling. 

Whether  the  election  required  to  be  held  on  December  8,  1776,  at 
the  house  of  Andrew  Heath  (near  what  is  now  West  Elizabeth,  Alle- 
gheny County,  Pa.),  to  choose  a  place  for  holding  the  court  for  Yoho- 
gania County,  was  held  at  the  time  and  place  appointed  is  not  known  ; 
but,  whatever  the  fact,  there  is  now  room  for  the  belief,  from  a  more 
careful  study  of  the  records  of  that  court  here  produced,  that,  from 
its  first  session  on  December  23,  1776,  until  on  Augast  25,  1777,  when 
it  was  ordered  **That  the  court  be  adjourned  to  the  house  now  occu- 
pied by  Andrew  Heath,"  the  court  for  Yohogania  County  continued 
to  be  held  at  Augusta  Town,  now  Washington,  Pa.,  and  that  it  was 
then  removed  to  its  new  and  last  place  of  holding  on  the  Mononga- 
hela. 

We  now  submit  to  the  student  of  western  Pennsylvania  history  a 
full  verbatim  transcript  of  the  records  of  the  long  since  extinct  court 
of  Yohogania  County,  to  be  illustrated  hereafter,  it  is  hoped,  by  a  col- 
lection of  explanatory  notes,  identifying  persons  and  places  mentioned. 

'  2  Henning's  Statutes,  264,  265. 


^^'C^^a^  L^:(uj^a^ 


■^o^^-t^^gO^ 


-^ffi^  /^. 


M   h 


^^^5^2^^i»^ 


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/r*'' 


78  Annals  of  the  Carnegie  Museum. 

Organization  ;  First  Day's  Business. 

(i)^         Yohogania  County,  Dec.  23,  1776. 

In  consequence  of  an  Act  of  the  General  Assembly  of  Vir- 
ginia putting  off  all  that  part  of  the  District  of  West  Augusta 
Northward  of  the  following  bounds  or  lines  ( viz  : )  Beginning  at 
the  mouth  of  Cross  Creek,  running  up  the  several  courses 
thereof  to  the  head ;  Thence  South -Easterly  to  the  nearest 
part  of  the  dividing  ridge  Between  the  Ohio  and  the  Monon- 
gahela  Rivers,  Thence  along  the  said  Dividing  Ridge  to  the 
head  of  Ten  Mile  creek.  Thence  East  to  the  road  leading  from 
Catfish  camp  to  Redstone  Old  Fort,  Thence  with  the  said  road 
to  the  Monongahela  River,  Thence  across  the  said  River  to  the 
said  Fort,  Thence  along  Dunlap's  old  road  to  Braddock's 
Road,  and  with  said  road  to  the  meridian  of  Potowmac  River, 
—  and  a  Commission  of  the  Peace  and  a  Commission  of  Oyer 
and  Terminer,  Directed  to  John  Campbell,  Edward  Ward, 
Thomas  Smallman,  Dorsey  Pentecost,  John  Gibson,  William 
Crawford,  John  Stephenson,  John  Cannon,  George  Vallanding- 
ham.  William  Goe,  John  Neaville,  Isaac  Cox,  John  McDowell, 
Richard  Yeates,  John  McDaniel,  George  McCormick,  Philip 
Ross,  Benjamin  KirKindall,  William  Harrison,  Samuel  Newell, 
Thomas  Brown,  Thomas  Freeman,  John  De  Compt,  Joshua 
Wright,  Oliver  Miller,  Benjamin  Frye,  Matthew  Richie,  An- 
drew Swearingen,  Jacob  Haymaker,  Benjamin  Harrison,  and 
Zachariah  Connell ;  Also  a  Dedimus  Potestatum,  directed  to 
William  Goe,  John  Neaville  and  Isaac  Cox,  or  any  two  of 
them,  to  administer  the  oath  prescribed  by  law  to  John  Camp- 
bell, Edward  Ward,  Thomas  Smallman,  Dorsey  Pentecost, 
John  Gibson,  John  Cannon  and  George  Vallandingham,  or 
any  two  of  them,  and  they  to  administer  the  aforesaid  oath  to 
the  aforesaid  Justices. 

Whereupon  the  aforesaid  William  Goe  and  Isaac  Cox  ad- 
ministered the  aforesaid  oath  to  the  aforesaid  Dorsey  Pente- 
cost, who  thereupon  did  administer  the  aforesaid  oath  to  the 
aforesaid  Richard  Yeates,  George  McCormick,  Benjamin  Kir- 
Kindall, Samuel  Newell,  William  Goe,  Isaac  Cox,  Thomas 
Freeman,  Joshua  Wright,  Oliver  Miller,  Benjamin  Frye,  Mat- 
thew Richie,  Andrew  Swearingen  and  John  Cannon,  as  Justices 
of  the  Peace. 

'  The  mar^nal  figures  in  (  )  represent  the  original  paging  of  these  records. 


Minutes  of  Court  of  Yohogania  County.       79 

The  court  then  proceeded  to  the  election  of  their  clerk, 

(2)  whereupon  the  said  Dorsey  Pentecost  Esquire  was  unanimously 
chosen  and  appointed  their  Clerk,  and  ordered  to  take  charge 
of  their  rolls. 

Dorsey  Pentecost  took  the  oath  Prescribed  by  Law  as  Clerk 
of  this  court. 

The  court  demanded  the  Records  and  Papers  from  John 
Madison,  Junior,  Deputy  Clerk  of  East  Augusta,  in  whose  cus- 
tody they  are.  Which  he  Peremptorily  refused.  Notwithstanding 
he  confessed  he  had  seen  an  Act  of  assembly  directing  him  so 
to  do. 

Edward  Ward,  gentleman,  came  into  court  and  prayed  that 
the  court  would  receive  his  reasons  for  refusing  to  act  as  Sheriff 
of  this  county,  which  was  granted  and  were  as  follows  : — That 
he  cannot  think  of  acting  as  Sheriff,  or  appointing  any  under 
Sheriffs,  until  the  line  Between  the  States  of  Virginia  and 
Pennsylvania  are  fixed  or  limited,  for  on  the  North  Eastern 
Bounds  of  this  County  There  is  still  a  Door  open  for  dispute 
and  Contintion,  which  has  been  heretofore  the  cause  of  Dis- 
turbing the  Peace  of  the  People  Settled  and  claiming  alter- 
nately The  Jurisdiction  of  each  Government,  and  before  he 
can  think  of  acting  or  any  Person  under  him,  he  proposes  pray- 
ing the  General  Assembly  to  have  a  Temporary  line  fixed  be- 
tween them,  or  the  limits  of  Pennsylvania  run,  or  the  Govern- 
ment of  Virginia  Peremptorily  running  the  same,  until  which 
is  done  he  cannot  think  of  acting  in  any  state  or  Government 
to  Infringe  on  the  reserved  rights  of  his  fellow  subjects ;  he 
further  assures  that  when  Government  has  this  done,  he  is  ready 
to  act  with  Cheerfulness,  and  if  this  Cannot  be  done  he  begs 
that  the  Court  will  Recommend  some  other  gentleman  to  his 
Excellency  to  serve  as  sheriff, —  and  hopes  the  Court  will 
acquiesce  in  Promoting  the  having  the  above  bounds  ascer- 
tained ;  and  further  offers  to  qualify  into  the  Commission  of 
the  Peace. 

The  Court  is  of  opinion  that  the  said  Edward  Ward,  gentle- 
man, may  be  Permitted  to  Qualify  into  the  Commission  of  the 
Peace,  they  being  of  opinion  that  he  is  no  sheriff  untill  he 

(3)  enters  into  Bond  before  this  Court,  and  comply  with  the  Tin- 
ner of  his  Commission  as  Sheriff;  Whereupon  the  said  Edward 


80  Annals  of  the  Carnegie  Museum. 

Ward  came  into  Court  and  took  the  oath  of  a  Justice  of  the 
Peace. 

The  Court  is  of  opinion  that  Joshua  Wright  Gentleman  is  a 
proper  person  to  be  recommended  to  his  Excellency  the  Gover- 
nor to  serve  as  Sheriff,  the  whole  of  the  above  gentlemen 
named  in  the  Commission  of  the  Peace  who  are  qualified  refus- 
ing to  act  in  said  office  on  account  of  the  great  difficulty  they 
apprehend  will  attend  the  execution  of  said  office  until  such 
time  as  a  line  is  fixed  Between  this  Commonwealth  and  the 
state  of  Pennsylvania. 

Brice  Virgin  is  appointed  Constable  to  serve  the  Insuing 
year  and  that  he  be  Summoned  before  Richard  Yeates  Gentle- 
man to  be  qualified  into  said  office. 

Richard  Elson  is  appointed  constable  to  serve  the  Insuing 
year,  and  that  he  be  summoned  before  Isaac  Cox,  Gentleman, 
to  Qualify  into  said  office. 

William  Lankford  is  appointed  Constable  to  serve  the  Ensu- 
ing year  and  that  he  be  summoned  before  Matthew  Richie 
Gentleman  to  be  Qualified  into  said  office,  as  also 

John  Alexander  is  appointed  Constable  to  serve  the  Ensuing 
year,  and  that  he  be  summoned  befoje  Matthew  Richie  Gentle- 
man to  Qualify  into  said  office. 

Samuel  Clerk  is  appointed  Constable  to  serve  the  Ensuing 
year,  and  that  he  be  summoned  before  William  Goe,  Gentle- 
man to  Qualify  in  said  office. 

Samuel  Griffith  is  appointed  Constable  to  serve  the  Ensuing 
year,  and  that  he  be  summoned  before  William  Goe  Gentleman 
to  qualify  into  said  office. 

Isaac  Sparks  is  appointed  Constable  to  serve  the  Ensuing 
year,  and  that  he  be  summoned  before  Thomas  Freeman, 
Gentleman  to  Qualify  into  said  office. 

Also  John  Brown,  James  Buorass,   Matthew  Hays,  

Bradley  is  appointed  Constables  to  serve  the  Ensuing  year,  and 
that  they  be  summoned  before  Edward  Ward,  Gentleman  to 
Qualify  into  said  office. 

William  Gaston  is  appointed  Constable  to  serve  the  Ensuing 
(4)  year,  and  that  he  be  summoned  before  Andrew  Swearingen, 
Gentleman  to  Qualify  into  said  office. 

Wm  Hays  is  appointed  Constable  to  serve  the  Ensuing  year 


Minutes  of  Court  of  Yohogania  County.  81 

and  that  he  be  Summoned  before  John  Cannon,  Gentleman  to 
be  Qualified  into  said  office. 

John  Johnston  is  appointed  Constable  to  serve  the  Ensuing 
year,  and  that  he  be  summoned  before  Joshua  Wright  Gentle- 
man to  Qualify  into  said  Office. 

Josiah  Orsborn  and  Philip  Philips  is  appointed  to  Serve  as 
Constables  the  Ensuing  year,  and  that  they  be  summoned  before 
Samuel  Newell  Gentleman  to  Qualify  into  said  office. 

Andrew  Dye  &  Peter  Austurges  is  appointed  Constables  to 
Serve  the  Ensuing  year,  and  that  they  be  summoned  before 
Benjamin  Frye,  Gentleman  to  Qualify  into  said  Office. 

John  Beans  is  appointed  Constable  to  serve  the  Ensuing  year, 
and  that  he  be  summoned  before  Oliver  Miller,  Gentleman  to 
Qualify  into  said  office. 

Ordered  that  Dorsey  Penticost  Esquire  be  recommended  to 
his  Excellency  the  Governor  as  a  proper  Person  to  have  the 
Command  of  the  Melitia  of  this  County  ;  and  that  John  Cannon 
be  a  proper  Person  to  be  recommended  as  Colonel  of  the  said 
Melitia;  Isaac  Cox  be  recommended  as  Leutenant  Colonel  of 
said  Melitia,  and  Henry  Taylor,  Major  of  said  Melitia. 

Ordered  that  the  Clerk  forward  a  letter  to  his  Excellency  & 
Council,  notifying  the  general  dissatisfaction  of  the  people  of 
this  County  against  the  late  Election^  being  held  on  the  Sabath 
day,  the  short  notice  of  the  said  election,  and  of  the  Inconveni- 
ency  of  the  Bounds  circumscribing  the  said  County. 

Whereas  by  an  act  of  the  General  Assembly  the  Suits  &c 
brought  and  Instituted  in  the  Court  of  the  District  of  West 
Augusta  are  directed  to  be  determined  in  this  Court,  and  the 
Papers  and  Records  relative  thereto  are  now  in  the  hands  of 
John  Maddison,  Junior,  Deputy  Clerk  of  East  Augusta,  who 
hath  this  day  been  Called  upon  to  deliver  the  said  Papers  and 
records  to  this  Court,  which  he,  the  said  John  Maddison,  in 
(5)  contempt  of  the  said  Act  and  the  demands  of  this  Court  refuses 
to  deliver,  to  the  manifest  Injury  of  Individuals  and  evident 
hurt  of  the  Publick  :  Ordered,  therefore,  that  a  Process  be 
Issued  to  apprehend  the  said  John  Maddison  and  forthwith 
bring  him  before  this  Court  to  answer  the  above  misdemeanor. 

Court  adjourned  until  Court  in  Course.  Edw?  Ward. 

*  This  was  perhaps  the  election  held  on  December  8,  to  choose  a  place  for  holding 
the  court. 


82  Annaus  of  thk  Carnk(;if.  Musfxm. 

Court  met  on  Monday  the  28th  of  April  1777,  according  to 
adjournment  to  Court  in  Course. 

I^esent :  Edward  Ward,  John  Cannon,  John  McDowell, 
Richard  Yeates,  Benjamin  Kirkindall,  Joshua  Wright,  Oliver 
Miller  and  Andrew  Swearingen,  Gentlemen  Justices. 

On  the  Courtis  meeting  and  the  Sheriffs  Commission  not 
coming  to  Mr.  Joshua  Wright,  agreable  to  recommendation  of 
the  Court  and  notwithstanding  Colonel  Penticost's  letter  to 
Colonel  Cannon,  Insuring  him  he  had  a  Sheriffs  Commission 
for  Mr.  Wright,  he  refused  to  act  Protempory.  Therefore  the 
Court  was  reduced  to  the  necessity  of  appointing  another,  as 
there  was  an  Election  to  be  held  for  a  Senitor  and  Delegates, 
and  a  Criminal  to  be  tried  and  other  Breeches  of  the  Peice. 

llie  (juestion  being  first  put  to  Mr.  Joshua  Wright,  to  be  ap- 
pointed Protempory,  and  he  refused,  notwithstanding  his  hear- 
ing of  the  Commission  as  aforesaid  ;  but  said  if  his  commission 
had  came  to  this  Court  he  would  have  sworn  into  said  Office. — 
The  Question  then  being  put  to  the  rest  of  the  Court,  who 
would  ser\e  as  Sheriff,  and  all  refused  to.  Except  Mr.  William 
Harrison,  who  agreed  to  be  appointed,  and  the  Court  unani- 
mously agreed  that  the  said  Mr.  Harrison  be  recommended  as 
a  proper  Person  for  Sheriff  and  Mr.  Joshua  Wright  concurd 
with  the  Court. 

The  Court  is  of  the  opinion  that  William  Harrison,  Samuel 
Newell  and  Thomas  Freeman  are  proper  persons  to  be  recom- 
mended for  Sheriffs  the  Insuing  year. 

William   Harrison  came  into  Court  and  took   the  oath  as 
Sheriff. 
(6)  Court  adjourned  Tuesday  7  ()*Clock.' 

Court  met  according  to  adjournment. 

Present :  Edward  Ward,  John  Cannon,  John  McDowell, 
Richard  Yeates,  Benjaman  Kirkindall,  Joshua  Wright,  Oliver 
Miller,  Andrew  Swearingen,  (ientleman  Justices. 

Zacheriah  Connell  came  into  Court  and  took  the  oath  of 
Justice  of  the  Piece. 

'J'he  Court  Still  Ial)Ouring  under  great  difficulty  for  the  want 
of  a  Clerk,  as  Colonel  Dorsey  Penlirost  our  fomier  Clerk  lying 

•7  o'cliK'k  ! 


Minutes  of  Court  of  Yohogania  County.  83 

in  Baltimore  in  the  Small  Pox.  The  Court  then  applied  to 
Mr.  James  Innis,  who  the  said  Colonel  Penticost  had  appointed 
to  serve  as  Clerk  in  his  absence,  and  when  application  was  made 
to  said  Mr.  Innis,  he  refused  to  attend  the  Court ;  his  answer 
was  that  he  only  agread  to  'attend  the  March  Court  —  upon 
which  the  Court  Choose  Mr.  Isaac  Cox  for  their  Clerk  who 
Came  into  Court  and  swore  into  said  Office. 

Zachariah  Connell,  William  Lee  and  Andrew  Heth  came 
into  Court  and  took  the  Oath  of  Captains  of  the  Militia. 

John  Cannon  Came  into  Court  and  took  the  Oath  as  Colonel 
of  the  Melitia. 

Henry  Taylor  came  into  Court  and  took  the  oath  of  Major  of 
the  Melitia. 

Joshua  Wright  was  applied  to  by  the  Court  to  Swear  into  his 
Captain *s  commission,  but  he  refused  as  he  was  a  Leiutenant  of 
a  former  Nominal  Company. 

John  Meligan  being  charged  with  Felloniously  Murdering 
William  Guttery  and  being  Convicted  for  the  same,  was 
brought  into  Court,  and  he  acknowledged  he  was  guilty  of  the 
Crime  he  stod  charged  with,  and  the  Court  is  of  Opinion  that 
the  said  Crimminal  for  said  fellony  ought  to  be  sent  to  the 
general  Court  for  farther  Trial. 

John  Melony  and  Samson  Beavers,  Securities  for  Joseph 
Ross,  for  his  appearance  at  the  Court,  as  by  his  recognizance 
appears,  came  into  the  Court  and  delivered  said  Ross  to  the 
Court,  and  after  the  Court  had  heared  the  Complaint,  was  fined 
twenty  five  Shellings  for  swearing  four  Blasfemous  Oaths  before 
John  Cannon,  one  before  John  Johnston  —  and  ordered  that 
(7)  the  said  Ross  give  Security  for  his  better  Behavior  Por  one 
year  and  one  day. 

John  Melony  came  into  Court  and  agreed  to  be  security  for 
Joseph  Ross's  keeping  the  Piece  and  better  Behavior  to  the 
Subjects  of  the  Common  Wealth,  and  esspecially  to  Colonel 
John  Cannon,  whome  he  had  threatened  to  abuse  the  first  opper- 
tunity.  The  said  security  bound  in  the  sum  of  one  Hundred 
pounds. 

Upon  the  Petition  of  Benjaman  Jones  ordered  that  John 
Bennitt  be  summoned  to  Bring  a  Boy  Claimed  by  the  said 
Jones  to  the  Next  Court. 


8*  Annals  of  the  Carnegie  Museum. 

Samson  Beavers  come  into  Court  and  entered  Security  for 
the  payment  of  twenty  five  Shellings  at  the  laying  of  the  Next 
Parrish  Levey,  it  being  Joseph  Ross's  fine  for  swearing. 

Court  is  adjourned  untill  Wednesday  8  Oclock. 

Court  met  according  to  adjournment. 

Present :  Edward  Ward,  John  Cannon,  Oliver  Miller  and 
Zacheriah  Connell,  Gentlemen  Justices. 

The  Sheriff  came  into  Court  and  gave  Bond  and  Security 
for  the  true  performance  of  the  said  office. 

John  Crow  being  charged  with  Breach  of  the  piece,  ordered 
that  the  said  Crow  give  Security  for  his  Better  behavior  towards 
all  the  Subjects  of  the  Common  Wealth,  and  Especially  to  Joseph 
Ross  for  a  year  and  one  day.  Henry  Taylor  and  James 
Austurges  enter  Security  for  the  same,  bound  in  the  sum  of  one 
Hundred  pounds. 

Ordered  that  the  Clerk  furnish  the  Sheriff  with  all  papers 
necessary  for  the  Tryal  of  John  Milligan  at  the  General  Court. 

Ordered  that  the  Clerk  send  down  the  recommendation  for 
William  Harrison  to  be  Sheriff. 

Ordered  that  the  Clerk  send  down  by  Mr.  William  Harrison 
all  proceedings  of  the  Court  relative  to  the  appointment  of  the 
Sheriff  and  Clerk. 

Patrick  McGey,  Thomais  Smyth  and  James  Furgurson  being 
Convicted  for  Breaches  of  the  piece  —  Ordered  that  the  said 
Patrick  McGey,  Thomas  Smyth  and  James  Furgurson  give 
Security  to  each  other,  for  their  better  Behaviour  for  the  Space 
of  one  year  and  one  day,  ai^d  also  to  all  the  Subjects  of  the 
Common  Wealth. 

Henry  Taylor  and  John  McGey  enter  Security  for  Patrick 
McGey  and  Thomas  Smyth. 

John  Crow  and  David  Williams  enter  Security  for  James 
Furgurson. 
(8)  Ordered  that  Patrick  McGey  and  Thomas  Smyth  be  fined 

the  Sum  of  two  pounds  each,  and  that  the  Sheriff  secure  the 
same  and  pay  it  to  James  Furgurson. 

Charles  Harrison  and  William  McKee  is  appointed  Constables 
for  the  Ensuing  year,  and  that  they  be  Summoned  before 
Zacheriah  Connel  Gentleman  to  swear  into  said  office. 

The  Court  adjourned  to  Court  in  Course. 


Minutes  of  Court  of  Yohogania  County.  85 

At  a  Court  Continued  and  held  for  Yohogania  County  May 
26th,  1777. 

Present :  William  Crawford,  Benjaman  Kirkindall,  John 
McDaniel  and  Oliver  Miller,  Gentlemen  Justices  —  The  afore- 
said William  Crawford  and  John  McDaniel  being  Previously 
sworn  by  the  aforesaid  Benjaman  Kirkindall  and  Oliver  Miller, 
Gentlemen  Justices. 

Colo  Dorsey  Penticost  came  into  Court  and  beged  that  the 
Court  would  consider  the  Cause  of  his  not  attending  their 
Court  at  their  last  meeting  —  he  the  said  Pentecost,  Convinced 
this  Court  that  it  was  out  of  his  power  to  attend,  he  being  at 
that  Time  confined  in  the  Small  Pox  —  and  prayed  the  Court 
to  reestablish  him  in  his  Office  as  Clerk  of  their  Court. 
Colonel  Isaac  Cox  who  was  appointed  Clerk  of  this  Court  to 
succeed  him,  acquiesing  in  Said  Petition,  on  the  Proviso  that 
his  Bonds  given  the  Court  for  the  due  performance  of  his  Office 
be  given  up  or  Confiscated ;  the  Court  is  therefore  of  opinion 
that  the  Reasons  Offered  by  the  said  Pentecost  for  his  non- 
attendance  at  I>ast  Court  is  satisfactory  and  the  Court  acquiesce 
with  his  and  Colonel  Cox's  request. — And  it  is  accordingly 
ordered  that  Colonel  Cox's  Bond  be  delivered  him  and  he  is 
hereby  released  therefrom  and  that  the  said  Pentecost  enter 
into  Bond  with  this  Court  for  the  due  performance  of  his  Office, 
and  to  Take  the  Charge  of  the  Rolls  of  this  County  as  Clerk 
to  this  Court. 

Colonel  Isaac  Cox  took  his  seat  in  Court. 
(9)  Colonel  William  Crawford  absent. 

Thomas  Cook  came  into  Court  and  took  the  Oath  of  Captain 
of  the  Militia. 

John  Muchelhaney  is  appointed  Constable  to  Serve  the  Ensu- 
ing year  and  that  he  be  Summoned  before  Benjamin  Kirkin- 
dall, Gentleman,  to  Qualify  into  said  Office. 

Benjamin  Kirkindall  (otherwise  Called  Jorsey  Ben)*  is  ap- 
pointed Constable  to  Serve  the  Ensuing  year,  and  that  he  be 
Summoned  before  Oliver  Miller,  Gentleman,  to  Qualify  into 
said  Office. 

Court  adjourned  untill  Tomorrow  9  O' Clock. 

Isaac  Cox. 

>  Not  the  Gentleman  Justice,  but  another  Benjamin. 


80  Annals  of  the  Carnegie  Museum. 

May  the  27th  1777,  Court  met  according' to  adjournment. 

Present :  Isaac  Cox,  William  Crawford,  Oliver  Miller,  John 
McDaniel,  Benjamin  Kirkindall  and  Benjaman  Frye,  Gentle- 
men Justices. 

Upon  the  Petition  of  Benjaman  Jones  exhibited  against  a 
certain  John  Bennitt  for  unlawfully  detaining  his  son  Enoch 
Jones,  an  Infant. 

Ordered  that  the  Said  John  Bennitt  deliver  the  said  Boy 
Enoch  Jones  unto  the  said  Benjaman  Jones,  with  Such  House- 
hold fimiture  as  he  may  have,  the  property  of  the  said  Boy 
Enoch  Jones,  and  the  said  Benjaman  Jones  pay  the  said  John 
Bennitt  the  Sum  of  Six  pounds  on  the  delivery  of  the  said  Boy 
Enoch  Jones,  and  that  the  said  John  Bennitt  deliver  unto  the 
said  Infant,  Enoch  Jones,  when  he  arrives  at  the  age  of  Twenty 
one  years,  one  good  Cow  and  Calf 

Michael  Thorn  and  Joshua  Meeks  both  come  into  Court  and 
Took  the  oath  of  Captains  of  the  Melitia. 

Ordered  —  That  Zacheriah  Connell  Gentleman,  Take  in  the 
List  of  Tithables  in  the  following  Bounds,  Viz :  —  Beginning 
at  the  head  of  Maryland  and  Extending  along  Bradock's  Road 
To  Thomas  Gist,  Thence  with  Froman*s  Road  to  Byer's  Run, 
(10)  thence  down  the  said  Run  to  Yough  River,  Thence  down  the 
said  River  to  the  mouth  of  Swedley  Creek,  Thence  with  said 
Creek  and  the  Northern  bounds  of  the  County  to  the  Begin- 
ning.^ 

Ordered — That  Edward  Ward,  Gentleman  be  appointed  to 
Take  in  the  List  of  Tithables  within  that  part  of  the  County 
Lying  West  of  Swedley  Creek  East  of  the  Alleghany  River  & 
North  of  the  Monaungahela  River. 

Ordered  —  That  William  Goe  Gentleman  be  appointed  to 
take  in  the  List  of  Tithables  within  the  following  Bounds, 
(Vizt)  Beginning  at  William  Caistleman's  on  the  head  of  Little 
Redstone  Creek,  Thence  on  a  Strait  line  to  the  mouth  of 
Worshington's  Mill  Run,^  Thence  down  Yough  River  To  its 
Junction  with  Monaungahela  River,  thence  up  the  said  River 

^  At   this  time  there  were  no  townships,  in  Vohogania  County  at  least,  created  by 
statutory  authority,  as  in  Pennsylvania. 
2  Doubtless  Washington's  Mill  Run. 


Minutes  of  Court  of  Yohogania  County.  87 

Monaungahela  to  the  mouth  of  Little  Redstone  Creek,  Thence 
up  the  said  Creek  to  the  aforesaid  Willam  Castleman*s. 

Ordered  — Thomas  Freeman  Gentleman  be  appointed  to  Take 
in  the  List  of  Tithables  within  the  following  bounds  (Vizt)  : 
Within  that  part  of  the  County  Lying  Between  the  Laurel  Hill 
and  the  Monaungahela  River,  and  between  the  line  of  this 
County  and  the  Monaungahela  County  and  the  following  Line. 
Vizt  —  Beginning  at  the  House  of  Thomas  Gist. Esquire  and  ex- 
tending Along  P>oman*s  Road  to  Byer's  Run,  Thence  down 
said  Run  to  Yough  River,  thence  Down  said  River  to  the 
mouth  of  Worshington's  Mill  Run.  Thence  on  a  Strait-line  to 
the  House  of  William  Castleman  on  the  head  of  Little  Redstone 
Creek,  Thence  down  said  Creek  to  its  junction. 

Ordered  —  That  Benjaman  Frye  Gentleman,  be  appointed  to 
Take  in  the  List  of  Tythables,  within  the  followmg  Bounds, 
Vizt.  Beginning  at  the  mouth  of  Pigion  Creek  and  running 
up  the  said  Creek  to  its  fountain,  Thence  a  South  Course  to 
the  South  Line  of  the  County,  Thence  with  said  Bounds  to 
the  Monaungahela  River,  Thence  down  the  said  River  to  the 
Beginning. 

Ordered  —  That  Benjaman  Kirkindall,  Gentleman  be  ap- 
(ii)  pointed  to  Take  in  the  List  of  Tithables  within  the  following 
Bounds  (Vizt)  Beginning  at  the  mouth  of  Pigeon  Creek  and 
extending  up  the  same  to  its  fountain.  Thence  a  South  line  to 
the  South  bounds  of  the  County,  thence  with  said  bounds  to 
the  Top  of  the  dividing  Ridge  Between  the  waters  of  the  Mo- 
naungahela River  and  Chirteers  Creek,  Thence  along  said 
Ridge  to  the  head  of  Peter's  Creek,  Thence  down  the  said 
Creek  to  the  mouth,  thence  up  the  Monaungahela  River  to  the 
Beginning. 

Ordered  —  That  Oliver  Miller  Gentleman  be  appointed  to 
take  in  the  List  of  Tithables  within  the  following  Bounds,  Vizt. 
Beginning  at  the  mouth  of  Peter's  Creek  and  extending  up  the 
same  to  its  fountain — thence  on  a  Strait  Line  to  Ezeel  John- 
ston's on  Churteer's  Creek,  thence  down  the  same  to  its  Junc- 
tion with  the  Ohio,  Thence  up  the  Rivers  Ohio  and  Monaun- 
gahela to  the  Beginning. 

Ordered  —  That  Richard  Yeates  Gentleman,  be  appointed  to 
take  in  the  list  of  Tithables  within  the  following  Bounds  Vizt. 


88  Annals  of  the  Carnegie  Museum. 

s 

Beginning  at  the  mouth  of  the  East  fork  of  Churteers  Creek  and 
Extending  up  the  same  to  Ezekiel  Johnston's,  Thence  on  a 
Strait  Line  to  the  head  of  Peter's  Creek,  Thence  along  the 
dividing  ridge  between  Churteer's  Creek  and  the  Monaungahela 
River  to  the  South  line  of  the  County,  Thence  along  said  line 
to  the  middle  or  main  fork  of  Churteer's  Creek,  Thence  down 
said  Creek  to  the  place  of  Beginning. 

Ordered  —  That  Andrew  Swearingen  Gentleman  be  appointed 
to  Take  in  the  List  of  Tithables  within  the  following  bounds, 
(Vizt)  Beginning  at  the  mouth  of  the  West  fork  of  Churteer's 
Creek  and  Extending  up  the  same  to  the  Top  of  the  deviding 
ridge  Between  Churteer's  and  Cross  Creeks,  Thence  along  said 
Ridge  to  the  South  Line  of  the  County,  thence  along  said  Line 
to  the  Main  fork  of  Churteer's  Creek,  Thence  down  the  same 
to  the  Beginning. 

Ordered  —  That  John  McDaniel  Gentleman  be  appointed  to 
take  in  the  List  of  Tithables  within  the  following  Bounds, 
(Vizt)  Beginning  at  the  mouth  of  the  West  fork  of  Churteer's 
and  extending  up  the  Said  Fork  to  the  Top  of  the  Dividing 
Ridge  Between  Churteer's  Creek  and  Cross  and  Raccoon 
(12)  Creeks,  Thence  down  the  Said  ridge  to  the  head  of  Robertson's 
run.  Thence  down  the  said  run  to  Churteer's  Creek,  thence  up 
the  said  Creek  to  the  Beginning. 

Ordered  —  That  Samuel  Newell  Gentleman  be  appointed  to 
Take  in  the  List  of  Tithables  within  the  following  Bounds, 
Vizt  —  Beginning  at  the  mouth  of  Churteer's  Creek  and  extend- 
ing up  the  same  to  the  mouth  of  Robertson's  run,  Thence  up 
said  run  to  Croghan's  Line,  Thence  with  said  line  to  Raccon 
Creek,  Thence  down  said  Creek  to  the  Ohio,  Thence  up  said 
River  to  the  Beginning. 

Ordered  —  Matthew  Richie  Gentlemen  be  appointed  to  take 
in  the  List  of  Tithables  within  the  following  Bounds,  Vizt. — 
Beginning  on  the  Ohio  at  the  mouth  of  Raccoon  Creek,  Extend- 
ing down  said  River  to  the  mouth  of  Indian  Creek,  Thence  up 
the  same  to  its  fountain.  Thence  on  a  Strait  Line  to  Thomas 
Rogeres  on  Raccoon  Creek,  Thence  down  the  same  to  the 
Beginning. 

Ordered  —  That  Isaac  Cox  Gentleman  be  appointed  to  Take 
in  the  List  of  Tithables  within  the  following  Bounds,  (Vizt)  — 


Minutes  of  Court  of  Yohogania  County.  89 

Beginning  at  the  mouth  of  Cross  Creek  and  extending  up  the 
same  to  the  head,  thence  along  the  dividing  ridge  between 
Cross,  Raccoon  and  Churteer*s  Creeks  to  Croghan's  line, 
Thence  with  said  line  to  Raccoon  Creek,  Thence  up  the  same 
to  Thomas  Rogers's,  Thence  on  a  Strait  line  to  the  head  of 
Indian  Creek,  Thence  down  the  Same  to  Ohio  River,  Thence 
with  the  Said  River  to  the  Beginning. 

An  Execution  Issued  by  Edward  Ward  Gentleman  against 
Samuel  Ewalt,  ordenary  keeper,  for  keeping  a  disorderly  House. 
The  Sheriff  teturns  Executed  and  five  pounds  ready  to  render 
—  Ordered  That  the  Sheriff  retain  said  money  in  his  hands 
untill  the  Laying  the  next  Levy. 

Abraham  Dale 

vs  Debt  —  Alias  Capias. 

Richard  Elson 

[2  folios,  4  pages  missing] 
(17)  The  last  Will  and  Testament  of  Jacob  Lamb  deceased  was 
proved  by  the  oaths  of  John  Crow  and  John  Wright  to  of  the 
subscribing  Witnesses.  George  Kintner.came  into  Court  and 
Took  the  oath  of  Executor  of  the  Last  Will  and  Testament  of 
Jacob  I^mb  deceased,  and  entered  into  Bond  for  his  perform- 
ance according  to  Law  with  John  Crow  and  John  Wright  his 
securities. 

Upon  the  Representation  of  Alen  Tharp  and  Wife,  that  a 
Certain  Michael  Humble  did  forcibly  and  with  a  Strong  hand 
Carry  away  from  them,  the  Complainants,  five  of  their  Chil- 
dren. Ordered  —  That  the  said  Michael  Humble  forthwith 
deliver  the  said  Children  to  the  aforesaid  Alen  Tharp  and  Wife. 

Ordered  —  That  the  Court  be  adjourned  untill  Tomorrow  7 
Oclock  in  the  forenoon.  Isaac  Cox. 

June  25th  1777,  Court  met  according  to  adjournment. 

Present  :  John  Campbell,  Isaac  Cox,  Richard  Yeates,  Thomas 
Freeman,  Oliver  Miller  and  Zacheriah  Connell,  Gentlemen, 
Justices. 

Ordered  —  That  the  Sheriff  cause  to  be  Erected  a  pair  of 
Stocks,  and  a  Whiping  post  in  the  Court-House  yard  by  next 
Court. 


90  Annals  of  the  Carnegie  Museum. 

Upon  the  information  of  Zacheriah  Connell,  Gentleman, 
That  James  Johnston  did  this  day  swear  two  profane  oaths  and 
two  profane  Cusses  —  Ordered,  That  the  said  James  Johnston 
be  fined  Twenty  Shillings,  Currant  money  for  the  same. 

Upon  the  information  of  Isaac  Gox  Gentleman  that  James 
Johnston  did  this  day  swear  three  profane  Oaths  and  one  pro- 
fane Curse  —  ordered,  That  the  said  James  Johnston  be  fined 
Twenty  Shillings  Currant  money  for  the  same. 
(i8)  Upon  the  information  of  John  Campbell  Gentleman  That 
James  Johnston  did  this  day  swear  four  profene  oaths,  ordered 
— That  the  said  James  Johnston  be  fined  one  pound  Currant 
money  for  the  same. 

Ordered  —  That  Richard  Yeates  and  Isaac  Leet  be  appointed 
to  meet  two  Gentlemen  to  be  appointed  by  the  Court  of  Mo- 
naungahela  County,  at  the  House  of  Captain  Reason  Ver- 
gin's  on  the  forth  day  of  August  Next,  to  run  the  line  agre- 
able  to  Act  of  Assembly  between  this  County  and  the  said 
County  of  Monaungahela. 

Ordered  —  That  Richard  Yeates  and  Isaac  Leet  be  appointed 
to  meet  two  Gentlemen  to  be  appointed  by  the  Court  of  Ohio 
County  at  the  House  of  William  Shearer's,  on  the  head  of  Cross 
Creek,  on  the  first  day  of  August  next  to  run  the  line  between 
this  County  and  the  said  County  of  Ohio  agreeable  to  Act  of 
Assembly. 

Ordered  —  That  the  Court  of  Monaungahela  be  requested 
to  appoint  two  gentlemen  of  their  County  to  meet  two  Gentle- 
men already  appointed  by  this  Court  at  the  House  of  Captain 
Reason  Vergin's,  on  the  forth  day  of  August  next,  to  run  the 
line  Between  this  County  and  the  said  County  of  Monaunga- 
hela, agreeable  to  act  of  assembly. 

Ordered  —  That  the  Court  of  Ohio  County  be  requested  to 
appoint  two  Gentlemen  of  their  County  to  meet  two  Gentle- 
men already  appointed  by  this  County  at  the  House  of  William 
Shearer's,  on  the  head  of  Cross  Creek,  on  the  first  day  of 
August  next  to  run  the  Line  between  this  County  and  the  said 
County  of  Ohio  agreeable  to  act  of  assembly. 

Ordered  —  That  Court  be  adjourned  untill  Court  in  Course. 

Isaac  Cox. 


Minutes  of  Court  of  Yohogania  County.  91 

( 19 )  At  a  Court  Continued  and  held  for  Yohogania  County  August 
25th  1777. 

Present :  Isaac  Cox,  Richard  Yeates,  Thomas  Freeman,  John 
McDowell  and  Zacheriah  Connell  Gentlemen  Justices. 

Ordered :  That  for  Conveniency  of  Seting  and  Expediting 
Business,  That  the  Court  be  adjourned  to  the  House  now  occu- 
pied by  Andrew  Heath.*  Isaac  Cox. 

At  the  House  of  Andrew  Heath,  Court  met  according  to 
adjournment. 

Present :  John  Campbell,  Isaac  Cox,  Richard  Yeates, 
Thomas  Freeman,  John  Cannon,  John  McDowell,  John  Mc- 
Daniel  and  William  Goe,  Gentlemen  Justices. 

The  last  Will  and  Testiment  of  Job  Robins  was  proved  by 
the  oaths  of  Joseph  Brown  and  Joseph  Sprouce,  the  two  Sub- 
scribing Witnesses  and  ordered  to  be  recorded. 

Benjaman  Custard  and  Rebekah  Robins  came  into  Court  and 
Took  the  oath  of  Executors  of  the  Estate  of  Job  Robins  de- 
ceased and  entered  into  Bond  with  Gabriel  Cox  and  Zadock 
Wright  their  Securitys. — 

Ordered  —  That  David  Cox,  John  Trumbo  and  Thomas 
Spencer  or  any  two  of  them  being  first  sworn  do  appraise  the 
Estate  of  Job  Robins  deceased  and  Return  the  Inventory  to 
next  Court. 

Bargain  and  Sale,  Jonathan  Plummer  to  Henry  Heath,  was 
acknowledged  by  the  said  Jonathan  Plummer  party  thereto  and 
ordered  to  be  recorded. 

Zachariah  Connell  Gent,  Plaintiff 

vs  In  Case 

Samuel  Wells,  Defendant 

(20)  This  day  the  plaintiff  by  his  attorney,  and  Edmond  Lindsey 
personally  appeared  in  Court  and  undertook  for  the  said  De- 
fendant, That  in  Case  he  shall  be  Cast  in  this  Suit  that  he 
shall  pay  and  satisfie  the  condemnation  of  the  Court  or  render 
his  Body  to  Prison  in  Execution  for  the  same  or  that  he  the 
said  Edmond  Lindsey  will  do  it  for  him,  whereu{)on  the  said 
Defendant  prays  and  hath  leave  to  Imparle  untill  next  Court 
and  then  to  plead. 

'  Had  the  court  theretofore  been  held  at  Augusta  Town  ? 


92  Annals  of  the  Carnegie  Museum. 

Jacob  Bauseman  produced  a  Commission  as  Captain  of  the 
Melitia  which  being  read,  The  said  Jacob  Bauseman  Came  into 
Court  and  Took  the  Oath  of  Captain  of  the  Melitia. 

George  Vallandingham,  Gentleman  named  in  the  Commis- 
sion of  the  piece  Came  into  Court  and  took  the  Oath  of  Jus- 
tice of  the  Piece. 

Edward  Ward,  Gent.,  Plant 

vs  In  Case 

Joseph  Wells,  Defendant 

This  day  came  the  plaintiff  by  his  attorney,  and  Thomas 
Freeman  Gentleman,  personally  appeared  in  Court  and  under- 
took for  the  Defendant  that  in  Case  shall  be  Cast  in  this  Suit, 
that  he  shall  pay  and  Satisfie  the  Condemnation  of  the  Court 
or  render  his  Body  to  Prison  in  Execution  for  the  same,  or 
that  he,  the  said  Thomas  Freeman  will  do  it  for  him,  where- 
upon the  said  Defendant  prays  and  hath  leave  to  Imparl  untill 
next  Court  and  then  to  plead 

Walter  Buscoe  Plaintiff 

vs.  In  Case 

Edward  Todd,  Defendant 
(21)  This  day  came  the  plaintiff  by  his  attorney,  and  Joseph 
Wells  Personally  appeared  in  Court  and  undertook  for  the 
said  defendant  that  in  Case  he  shall  be  Cast  in  this  Suit  that  he 
shall  pay  and  Satisfie  the  Condemnation  of  the  Court  or  render 
his  Body  to  Prison  in  Execution  for  the  Same  or  that  he  the 
said  Joseph  Wells  do  it  for  him.  Whereupon  the  Defendant 
prays  and  hath  leave  to  Imparle  untill  next  Court  and  then 
to  plead. 

Isaac  Leet  Came  into  Court  and  Took  the  oath  of  Deputy 
Sheriff. 

Ordered  that  John  James  Wood  be  appointed  Constable  to 
serve  the  Ensuing  year  and  that  he  be  sommened  before  Wil- 
liam Goe,  Gentleman,  to  Qualify  into  said  Office. 

Ordered  —  That  Court  be  adjourned  untill  Tomorrow  morn- 
ing Six  O'clock.*  John  Campbell. 

August  26th  1777.      Court  met  according  to  adjournment. 
Present  :    John    Campbell,     John    McDowell,    Isaac     Cox, 

*  6  o'clock  I 


Minutes  of  Court  of  Yohogania  County.  93 

Richard  Yeates,  John  McDaniel,  William  Goe,  Zacheriah 
Connell,  George  Vallandingham,  Thomas  Freeman  and  John 
Cannon,  Gentlemen  Justices. 

David  McClure  by  his  attorney  Complains  that  Sarah  Bres- 
ling  an  Indented  Servant  was  delivered  of  a  Bastard  Child 
within  her  said  Time  of  Service  and  the  said  Sarah  Bresling 
being  Called  Came  into  Court  and  Confessed  to  the  Charge. 
It  is  thereupon  Ordered  by  the  Court  that  the  said  Sarah 
Bresling  doth  serve  her  said  Master  the  Term  of  one  whole 
Year  from  the  tenth  day  of  October  Next  (being  the  expiration 
of  her  service  by  Indenture)  to  reemburs  her  said  Master  for 
his  Loss  and  Trouble  for  the  same  —  or  that  she  pay  her  Mas- 
ter the  sum  of  one  Thousand  Pounds  of  Tobacco  in  Leu  of 
said  Service. 

Bargain  and  Sale.     Dorsey  Pentecost  to  Samuel  and  Robert 
(22)     Purviance   for  Three   Hundred  and   fifty  two   acres  of  Land 
acknowledged  by  said  Pentecost,  party  thereto  and  ordered  to 
be  recorded. 

Bargain  and  Sale  from  Dorsey  Pentecost  to  Samuel  and 
Robert  Purviance,  acknowledged  by  said  Pentecost  party 
thereto  and  ordered  to  be  recorded  for  four  hundred  and  Six 
acres  of  Land. 

Bargain  and  Sale  from  Dorsey  Pentecost  to  Samuel  and 
Robert  Purviance  for  three  Hundred  and  Seven  acres  of  Land. 
Acknowledged  by  said  Pentecost,  party  thereto,  and  ordered 
to  be  recorded. 

Bargain  and  Sale  from  Dorsey  Pentecost  to  Samuel  and 
Robert  Purviance  for  one  Hundred  &  Sixty  three  acres  of 
Land.  Acknowledged  by  said  Pentecost,  Party  thereto  and 
ordered  to  be  recorded. 

Bargain  and  Sale.  Dorsey  Pentecost  to  Jesse  Hollingsworth 
for  five  Hundred  and  fifty  one  acres  of  Land,  acknowledged 
by  Said  Pentecost,  party  thereto  and  ordered  to  be  recorded. 

Edward  Ward,  Gent,  Plaintiff 

against  In  Case 

Richard  Dunn,  Defendant 

This  day  came  the  Plaintiff  by  his  attorney,  and  Patrick 
MuckElroy  Personally  appeared  in  Court  and  undertook  for  the 


94  Annals  of  the  Carnegie  Museum. 

said  Defendant,  that  in  Case  he  should  by  Cast  in  this  Suit 
that  he  Shall  pay  and  Satisfie  the  Condemnation  of  the  Court 
or  render  his  Body  to  Prison  in  Execution  for  the  same,  or  that 
he,  the  said  Patrick  MuckElroy  will  do  it  for  him,  whereupon 
the  said  Defendant  prays  and  hath  Leave  to  Imparl  untill  next 
Court  and  then  to  plead. 

Joseph  Wells  is  appointed  Constable  to  serve  the  Ensuing 
year.  Whereupon  the  said  Joseph  Came  into  Court  and  Took 
the  Oath  of  a  Constable. 

Oliver  Miller  Gentleman,  Justice  Present. 
(23)  Upon  the  Petition  of  Paul  Froman,  Setting  forth  that  he  is 
desirous  of  Building  a  Water  Mill  on  Mingo  Creek  at  the 
mouth  Thereof;  and  praying  an  order  to  view  and  Condimn 
one  Acre  of  Land  on  the  opposite  Side  from  said  Froman* s 
Land  for  that  Purpose, 

Ordered  —  That  the  Sheriff  be  Commanded  to  Sommon 
twelve  Freeholders  of  his  Vissinage  to  meet  on  the  aforesaid 
land  and  they  being  first  Sworn  Shall  diligintly  View  and  Ex- 
amine the  said  land  which  shall  be  Effected  or  Laid  under 
Water  by  the  Building  Said  Mill  with  the  Timber  and  other 
conveniences  thereon,  and  that  they  report  the  same  to  Next 
Court  with  the  True  Value  of  said  acre  of  land  Petitioned  for 
and  of  the  Damages  done  the  Party  holding  the  same. 

William  Brashers  produced  a  Bond  Payable  from  Thomas 
Hamilton  to  Andrew  Swearingen  for  five  hundred  pounds  Cur- 
rant Money  with  a  Condition  to  deliver  to  this  Court  the  Body 
of  a  Certain  Robert  Hamilton,  which  he  hath  not  fulfilled. 

Ordered  —  That  the  said  Bond  be  put  in  Suit  against  the 
said  Thomas  Hamilton. 

Ordered :  That  the  following  Gentlemen  be  Appointed  to 
make  a  Tour  of  the  Different  Districts  hereafter  mentioned,  and 
Tender  the  Oath  of  Allegience  and  Fidelity  to  this  Common 
Wealth  to  all  free  Male  Inhabitants,  agreable  to  an  Act  of 
Assembly  Intitled  an  act  to  oblige  all  the  free  Male  Inhabitants 
above  a  Certain  age  to  give  assurance  of  allegience  to  this 
state  and  for  other  purposes,  Therein  Mentioned.* 

Ordered  —  That  Matthew  Richie,  Gentleman,  be  app>ointed 

'  For  the  act  itself  see  9  Hening  281. 


Minutes  of  Court  of  Yohogania  County.  95 

for  the  above  purpose  within  the  following  Bounds,  Vizt : — 
Beginning  at  the  mouth  of  Cross  Creek  and  up  the  same  to  the 
Dividing  ridge  Between  said  Creek,  Raccoon  and  Churteer's 
Creeks  ;  thence  along  said  Ridge  to  Croghan's  Line  ;  thence 
with  said  Line  to  Raccoon  Creek  ;  thence  up  the  same  to 
Thomas  Rogers's ;  thence  on  Strait  Line  to  the  head  of  Indian 
Creek ;  thence  down  the  same  to  the  Ohio  ;  thence  down  the 
said  River  Ohio  to  the  Beginning. 
24)  Ordered: — That  Samuel  Newell,  Gentleman,  be  appointed 

for  the  above  purpose  within  the  following  Bounds,  Vizt : — 
Beginning  at  the  mouth  of  Churteer's  Creek,  extending  up  the 
same  to  the  mouth  of  Robertson's  run  ;  thence  up  the  said  Run 
to  Croghan's  Line  ;  thence  with  said  Line  to  Raccoon  Creek; 
thence  down  Said  Creek  to  the  Ohio  ;  thence  up  the  same  to 
the  Beginning. 

Ordered  : — That  John  McDaniel,  Gentleman,  be  appointed 
for  the  above  purpose  within  the  following  Bounds,  Viz : 
Beginning  at  the  mouth  of  the  West  fork  of  Churteer's  Creek, 
Extending  up  the  said  fork  to  the  top  of  the  dividing  ridge, 
Between  Churteer's  Creek,  Cross  and  Raccoon  Creeks  ;  thence 
along  Said  ridge  to  the  head  of  Robertson's  run  ;  thence  down 
said  Run  to  the  Churteer's  Creek  ;  thence  up  the  said  Creek  to 
the  Beginning. 

Ordered: — That  Andrew  Swearingen,  Gentleman,  be  ap- 
pointed for  the  above  purpose  within  the  following  Bounds, 
Vizt :  Beginning  at  the  mouth  of  the  West  fork  of  Churteer's 
Creek  and  Extending  up  the  same  to  the  Top  of  the  dividing 
ridge  Between  Churteer's  Creek  and  Cross  Creek ;  thence  along 
said  Ridge  to  the  South  Bounds  of  the  County  ;  thence  with 
said  Bounds  to  the  Main  Fork  of  Churteer's  Creek;  thence 
down  the  same  to  the  Beginning. 

Ordered: — That  Isaac  Cox,  Gentleman,  be  appointed  for 
the  above  Purpose,  within  the  following  Bounds,  Vizt :  all  that 
part  of  the  County  Lying  west  of  Sweedly  Creek,  East  of  the 
Allegheny  River,  &  North  of  the  Monaungahela  River.* 

Ordered  —  That  Oliver  Miller,  Gentleman,  be  appointed  for 
The  above  purpose  within  the  following  Bounds,  Vizt :   Begin - 

*  This  indicates  that  the  jurisdiction  claimed  extended  well  up  northeast  of  Pitts- 
bura 


96  Annals  of  the  Carnegie  Museum. 

« 

ning  at  the  mouth  of  Peters  Creek  and  extending  up  the  same 
to  the  head,  thence  a  Strait  Line  to  Ezekeel  Johnston's  on 
Churteer's  Creek,  thence  down  the  same  to  the  mouth  ;  Thence 
up  the  Ohio  and  the  Monaungahela  River  to  the  Beginning. 

Ordered: — That  Benjaman  Kirkindall,  Gentleman,  be  ap- 
pointed for  the  above  purpose  within  the  following  Bounds, 
{25)  Vizt :  —  Beginning  at  the  mouth  of  Pigeon  Creek,  Extending 
up  the  same  to  the  head,  Thence  a  South  Line  to  the  South 
Bounds  of  the  County,  thence  with  said  Bounds  to  the  Top  of 
the  dividing  ridge  between  the  waters  of  the  Monaungahela 
River  and  Churteer's  Creek,  Thence  along  said  ridge  to  the 
head  of  Peters  Creek,  thence  down  the  same  to  the  Monaun- 
ghela  River,  thence  up  the  same  to  the  Beginning. 

Ordered  :  — That  William  Goe  and  Thomas  Freeman,  Gen- 
tlemen, be  appointed  for  the  above  purpose  within  the  follow- 
ing Bounds,  Vizt :  —  Beginning  at  the  mouth  of  Little  Red- 
stone Creek  and  Extending  up  the  same  to  the  House  of  Wil- 
liam Castlemans,  Thence  on  a  Strait  line  to  the  mouth  of 
Worshington's  Mill  run,  thence  up  Yough  River  to  the  mouth 
of  Byer's  run.  Thence  up  said  Run  to  Froman's  Road  ;  Thence 
along  said  road  to  Thomas  Gist,  Esquire,  Thence  along  Laurel 
Hill  to  Dunlap's  old  road.  Thence  with  said  road  to  the  Mo- 
naungahela River,  Thence  with  said  River  to  the  Beginning. 

Ordered: — That  Zacheriah  Council,  Gentleman,  be  ap- 
pointed for  the  above  purpose  within  the  following  Bounds, 
Vizt :  Beginning  at  the  head  of  Maryland  and  extending  along 
Bradock's  Road  to  Thomas  Gists,  Escjuires  ;  Thence  with  Fro- 
man's Road  to  head  of  Byer's  Run  ;  Thence  down  said  Run  to 
Yough  River ;  Thence  down  the  same  to  mouth  of  Sweedley 
Creek  ;  Thence  with  said  Creek  and  North  Bounds  of  the 
County  to  the  Beginning. 

Ordered  :  — That  Benjaman  Frye,  Gentleman,  be  appointed 
for  the  above  purpose  within  the  following  Bounds,  Vizt :  Be- 
ginning at  the  Mouth  of  Little  Redstone  Creek  extending  up 
the  same  to  the  House  of  William  Castleman  ;  Thence  on  a 
Strait  Line  to  the  mouth  of  Warshington's  mill  run  ;  Thence 
down  the  river  Yough  to  the  Monaungahela  ;  Thence  up  the 
same  to  the  Beginning. 

Ordered  :  — That  Richard  Yeates,  Gentleman,  be  appointed 


Minutes  of  Court  of  Yohogania  County.  97 

for  the  above  purpose  within  the  following  Bounds,  Vizt :  Be- 
ginning at  the  mouth  of  Pigeon  Creek  and  Extending  up  the 
same  to  its  fountain  ;  Thence  South  to  the  South  Bounds  of  the 
County  ;  thence  with  said  bounds  to  the  MonsLungahela.  River  ; 
Thence  down  said  River  to  the  Beginning. 

(26)  Ordered: — That  John  Inks    [illegible],   Benjamin  Wells, 

John  White,  Jun,  Henry  Boyles,  Samuel  Clerk,  Samuel  Griffith, 
William  McKee,  John  Brown,  Isaac  Sparks,  Peter  Austerges, 
John  James  Wood,  and  Brice  Vergin,  be  appointed  Constables 
to  serve  the  Ensueing  year,  and  that  they  be  Sommoned  to 
attend  Next  Court  (or  the  Nearest  Justice)  to  Qualify  into  said 
Office. 

Ordered  :  — That  the  Sheriff  Call  on  Mr.  John  Anderson,  of 
Pittsburg,  or  any  other  person,  for  the  papers  and  records  be- 
longing to  the  District  of  West  Augusta,  and  that  the  said 
Sheriff  give  the  said  Mr.  John  Anderson,  or  any  other  person 
who  may  deliver  the  said  Records,  a  Receipt  for  the  same ; 
and  that  he  deliver  the  said  Papers  and  Records  to  the  Clerk  of 
this  Court,  who  is  also  ordered  to  give  the  said  Sheriff  a  Receipt 
for  said  delivery. 

Robert  Hamilton,  a  prisoner  in  the  Sheriffs  Custody,  came 
into  Court  and  in  the  grocest  and  most  Impolite  Manner  In- 
sulted the  Court,  and  Richard  Yeates,  Gentleman,  in  par- 
ticular :  Ordered,  That  the  Sheriff  confine  the  feet  of  the  said 
Robert  Hamilton  in  the  lower  rails  of  the  fence  for  the  space* 
of  five  minutes. 

Ordered :  — That  any  prisoner  or  prisoners  the  Sheriff  have, 
Shall  be  Confined  in  the  guard  or  some  other  room  in  Fort  pitt, 
with  the  acquiesance  of  General  Hand,  untill  such  Time  as  a 
proper  goal  can  be  provided  for  the  County. 

Ordered  :  —  That  Isaac  Cox,  Oliver  Miller  and  Benjaman 
Kirkindall,  be  appointed,  or  any  two  of  them,  to  Contract 
with  a  proper  person  or  Persons,  to  Build  a  Goal  and  Court 
house  in  the  following  manner,  and  at  the  following  place, 
Vizt :  The  Goal  and  Court  House  are  to  be  Included  in  one 
whole  and  Intire  Building,  of  round  sound  Oak,  to  go  Twenty 
four  feet  Long  and  Sixteen  feet  wide ;  two  Story  high ;  The 
lower  Story  to  be  eight  feet  high.  Petitioned  in  the  Middle ; 


98  Annals  of  the  Carnegie  Museum. 

with  Squeared  hewed  Logs  with  Locks,  and  bears  to  the  door 
and  Windows,  according  to  law,  which  Shall  be  the  Goal. 

(27)  The  upper  Story  to  be  five  feet  high  in  the  Sides,  with  a  good 
Cabbin  RocTf,  with  Convenient  seats  for  the  Court  &  Bar,  and  a 
Clerk's  Table,  to  remain  in  one  room,  with  a  pair  of  Stairs  on 
the  outside  to  Assend  up  to  said  Room,  which  Shall  be  place 
for  holding  Court ;  with  two  floors  to  be  laid  with  strong  hewed 
logs;  the  whole  to  be  Compleat  and  finished  in  one  month 
from  the  date  hereof.  The  said  Building  to  be  Erected  on  the 
plantation  of  Andrew  Heath  at  Such  Convenient  place  as  the 
said  Isaac  Cox,  Oliver  Miller  &  Benjaman  Kirkindall,  Gentle- 
men, or  any  two  of  them  shall  think  Proper. 

Ordered  —  That  John  McDowell,  Gentleman,  be  appointed 
to  Take  a  Tour  within  the  following  Bounds,  and  Tender  the 
oath  of  allegience  and  Fidelity  to  the  State,  to  all  free  male 
Inhabitants  within  the  same,  above  sixteen  years  of  age,  agree- 
able to  act  of  Assembly :  Beginning  at  the  mouth  of  the  East 
fork  of  Churteer's  Creek  and  Extending  up  the  same  to  Ezekil 
Johnston's ;  Thence  on  a  Strait  Line  to  the  head  of  Peter's 
Creek ;  Thence  on  the  Top  of  the  Deviding  Ridge  Between 
the  Monaungahela  River  and  Churteer's  Creek  to  the  South 
Bounds  of  the  County ;  Thence  with  said  Bounds  to  the  Main 
fork  of  Churteers  Creek  Thence  with  said  Creek  to  the  Be- 
ginning. 

Ordered  —  That  the  Court  be  adjourned  to  6  Oclock 
Tomorrow  Morning. 

John  Campbell. 

August  27th  Court  met  according  to  adjournment. 

Present :  John  Campbell,  Richard  Yeates,  William  Goe, 
George  Vallandingham,  John  McDowell,  Isaac  Cox,  Thomas 
Freeman,  Oliver  Miller,  Zacheriah  Connel,  John  Cannon  & 
John  McDaniel,  Gentlemen  Justices. 

(28)  Alexander  Bowling  against  William  Boston.    Pluries  Capias. 
Alexander    Bowling   against    Francis    Morrison.      In    Case. 

Plur.  Capias. 

Christian  Summitt  against  John  Golliher  and  wife.  In  Slan- 
der, Plurious  Capias. 


Minutes  of  Court  of  Yohogania  County.  99 

Thomas  Rankin  against  Jeremiah  Standsbarry.      In  Case, 
Alias  Capias. 

David  Day  against  Jacob  Hedricks.     In  Case.     Alias  Capias. 

John  Lydea  against  Joseph  Cox.     In  Case.     Alias  Capias. 

Matthew  Dale  against  Richard  Elson.  In  Case,  Alias 
Capias. 

Benjaman  Jones  against  Patrick  McDaniel.  In  Case.  Plur- 
ious  Capias. 

William  McMahan  against  John  Greathouse.  In  Case,  Flu. 
Cap. 

Daniel  Swigert  against  Benjaman  Newgent.  Atteachment, 
Continued  for  want  of  Prosecution. 

Peter  Reasoner  against  Davis  Ruth.     In  Case.     Alias  Capias. 

Shillings  against  Spencer  Collins.      In   Case.      Alias 

Cap. 

Dorsey  Pentecost  against  Christopher  McDaniel.  Debt. 
Alias  Cap. 

Burr  Harrison  against  William  Williams.  In  Case.  The 
Sheriff  Returning  agreed.  Ordered  that  the  Suit  be  Demised. 

Joseph  Lindsey 

vs.  In  case 

George  Long  The  Sheriff  having  Returned  that  the  De- 
fendant is  not  in  his  Bailliwick,  Ordered  That  This  Suit  be  dis- 
missed. 

Zacheriah  Connell  against  Abraham  Vaughan.  In  Case. 
Ali.  Cap. 

Richard  McMahan  against  John  Trumbo.  In  Case.  The 
Sheriff  returning  Executed  and  agreed  and  the  Plaintiff  not 
appearing,  though  Solemnly  Called,  Ordered  to  be  dismissed, 
for  Non  Procedendo. 

Zacheriah  Connell  against  Providence  Mounce.  In  Slander. 
The  Sheriff  Returns  Executed.  Ordered  that  said  Suit  be 
Continued. 

Zacheriah  Connell 

against  In  Slander. 

John  Lindsey  The  Sheriff  returns  Executed,  Ordered 

that  Said  Suit  be  Continued. 


100  Annals  of  the  Carnegie  Museum. 

Ignaw  Labat 

against  In  Case. 

John  Bradley  The  Sheriff  returns  agieed,  Ordered  that  this 
Suit  be  dismissed. 

(29)         Hugh    Sterling   against    Mordicai    Richards.     In    Assault. 
Alias  Capias. 

Ignaw  Labat,  Plaintiff 

against  In  Debt. 

Thomas  Girty  Defendant  The  Sheriff  returns  that  the  De- 
fendant Is  not  with  in  his  Bailliwick.  Ordered  that  the  Suit 
be  Dismissed. 

David  Wilson  against  Henry  Bowling.  In  Case.  Alias 
Capias. 

Alexander  Sumrall  Jun 
and  Thomas  Jack  Plaintiffs 

against  In  Case 

Walter  Summerall,  Defendant      Alias  Capias. 

John  Worshington  against  James  Poor.  Ejectment.  Or- 
dered to  be  Continued. 

John  Spivey  against  Samuel  Beeler.     In  Case.     Alias  Capias. 

Richard  Yeates,  Plaintiff 

against  In  Case 

Brice  Virgin,  Defendant  ordered  to  be  Dismissed  at  Plain- 
tiff's  request. 

Richard  Waller  Plaintiff 

against  In  Debt 

John  Earskin,  Defendant  The  Sheriff  returns  agreed  Or- 
dered that  This  Suit  be  Dismissed. 

Dorsey  Pentecost,  Plaintiff 

against  In  Debt 

James  Poor  Defendant  upon  the  Petition  of  the  Plain- 

tiff Seting  forth  that  the  Defendant  Stands  Justly  Indebted  to 
him  four  pounds  Ten  Shillings  Courant  Money  refuseth  pay- 
ment. 


. « 


•' 


•  ■ 


Minutes  of  Court  of  Yohogaxia  County.  101 

The  said  James  being  Solemnly  Called  &  failing  to  appear 
the  Plaintiff  produced  a  Note  of  hand  Bearing  Interest  from  the 
fifteenth  day  of  December  1774,  four  pounds  Ten  Shillings 
with  Credit  on  said  Note  for  Two  pounds  Three  Shillings  and 
six  pence.  It  is  Considered  by  the  Court  that  Plaintiff  recover 
against  the  said  James  the  Defendant  for  two  pounds  six  Shill- 
ings and  six  pence  with  Interest  from  the  said  fifteenth  day  of 
December  untill  paid,  with  his  Costs  about  this  Suit  in  that  be- 
half Expended. 

Ordered  —  That  Execution  be  Staid  on  this  Judgment  un- 
till next  October  Court. 
(30)  Ordered  —  That  the  following  Gentlemen  be  recommended  to 
his  Excellency  the  Governor  as  proper  persons  to  be  added  to 
the  Commission  of  the  piece,  Vizt,  Isaac  Leet,  Senior,  Joseph 
Beeler,  Sen.  John  Carmichael,  James  Rogers,  Isaac  Meason, 
James  McLane,  James  Blackstone,  Joseph  Becket  and  Joseph 
Vance,  Gentleman. 

Ordered :  —  That  the  Majestrates  appointed  to  make  the 
Tour  of  the  County  and  Tender  the  oath  of  allegience  and  Fi- 
delity, Shall  also  Take  in  the  Numbers  in  Each  Family  within 
their  Respective  districts,  In  order  to  enable  the  justices  to 
make  an  Equal  distribution  of  the  salt,  and  make  return  to 
October  Court. 

Zacheriah  Connell  against  Abraham  Vaughan.  In  Case. 
Ali.  Cap. 

Ordered  —  That  Isaac  Cox  Gentleman  be  recommended  to 
his  Excellincy  the  Governor  as  a  proper  person  to  Serve  as 
Leiutenant  Colonel  of  the  Militia  of  this  County,  In  the  Stead 
of  Thomas  Brown  Gentleman  who  hath  refused  to  Serve. 

Ordered  —  That  Court  be  adjourned  Till  Court  in  Course  &c. 

John  Campbell. 

At  a  Court  continued  and  held  by  Adjornment  September 
22d  1777. 

Present  :  Isaac  Cox,  William  Goe,  Oliver  Miller,  Joshua 
Wright,  Gentlemen  Justices. 

Ordered  that  Isabel  Pegg  be  appointed  Administratrix  of  all 
the  Goods,  Chatties  and  Credits  of  the  Estate  of  Garret  New 
Gill  deceased.     She  complying  with   the  Eaw.     Whereupon 


102  Annals  of  the  Carnegie  Museum. 

the  said  Isabel  Pegg  with  James  Wright  her  Surety,  Came  into 
Court  and  Entered  into  Bond  for  the  Performance  of  the  Said 
Administration.  Isabel  Pegg  came  into  Court  and  took  the 
Oath  of  Administratrix  of  the  Estate  of  Garrett  New  Gill,  de- 
ceased. 

(31)  Ordered  that  John  Wall,  Benjaman  Collends  &  John  Cox  or 
any  two  of  them  being  first  Sworn  do  appraise  all  the  Estate 
of  Garret  Newgil  deed  and  make  return  to  the  Next  Court. 

A  Bargain  and  Sale  from  Gabriel  Cox  to  James  Swolevan  of 
three  hundred  Acres  of  Land  acknowledged  by  the  said  Gabriel 
party  thereto  and  ordered  to  be  recorded. 

William  Taylor  produced  a  Licence  appointing  him  to  preach 
the  Gospel  after  the  Manner  of  his  Sect ;  which  being  read, 
the  said  William  Taylor  came  into  Court  and  took  the  Oath  of 
fidelity  and  Allegience  to  this  Commonwealth. 

John  Gibson  came  into  Court  and  took  the  Oath  of  Ensign 
of  Militia. 

John  Campbell  Gent  took  his  seat  in  Court. 

Alex  Sumrall  &  Thos  Jack 

Walter  Sumrall 

This  day   came  the    Plff,   and 

William  Anderson  personally  appeared  in  Court  and  undertook 

for  Said  Deft  that  in  Case  he  shall  be  cast  in  this  Suit  he  shall 

pay  &  Satisfy  the  Condemnation  of  the  Court  or  render  his 

body  to  prison  in  Execution  for  the  same  or  that  he  the  said 

William  Anderson  will  do  it  for  him.     Whereupon  the  Deft 

prays  and  hath  leave  to  imparl  untill  the  next  Court  and  then 

to  plead. 

Ordered    that    the    Court  be  adjourned   to  tomorrow  at   7 

oClock. 

John  Campbell. 

(32)  September  23d  1777.  The  Court  met  pursuant  to  adjourn- 
ment. 

Present :  John  Campbell,  Isaac  Cox,  William  Goe,  Oliver 
Miller,  Gentlemen,  Justices. 

The  last  will  and  Testament  of  Johathan  Reed  was  proved 
by  the  Oaths  of  Noah  Flehearty  and  Hugh  McCreedy,  two  of 
the  subscribing  witnesses  and  ordered  to  be  recorded. 


Minutes  of  Court  of  Yohogania  County.  103 

John  Cannon,  Joshua  Wright  &  Matthew  Richey  Gentlemen 
Came  into  Court  and  took  their  Seats. 

Robert  Bowers  being  charged  with  a  breach  of  an  act  of  the 
Common  wealth  intitled  an  Act  for  the  punishment  of  certain 
Offences  being  Called,  pleads  Not  Guilty.  Then  came  a  Jury, 
to  wit.  James  Swolevan,  James  Wall,  Charles  Bruce,  James 
Campbell,  William  Marshall^  Joseph  Becket,  John  Crow, 
Zadock  Wright,  Edward  Cook,  Gabriel  Cox,  Andrew  Heath 
and  John  Douglass,  and  being  sworn  say  that  the  said  Robert 
Bowers  shall  suffer  One  year's  Imprisonment. 

David  England,  being  charged  with  a  breach  of  an  act  of 
Assembly  of  this  Commonwealth,  intitled  an  Act  for  the  punish- 
ment of  Certain  Offences,  Came  into  Court  and  Confessed  the 
Charge.  Then  came  a  Jury,  to  wit  James  Swolevan,  James 
Wall,  Charles  Bruce,  James  Campbell,  William  Marshall, 
Joseph  Becket,  John  Crow,  Zadock  Wright,  Edward  Cook, 
Joseph  Bealer,  Andrew  Heath  &  John  Douglass,  and  being 
sworn  say  that  they  find  forty  Shillings. 
(33)  John  Teague  and  George  Corn  are  allowed  two  days  attend- 
ance each  as  Witnesses  in  behalf  of  the  Common  Wealth 
against  David  English. 

Joseph  Beeler  Gent,  is  appointed  Administrator  of  all  the 
Goods,  Chatties  and  Credits  of  the  Estate  of  John  Hutcheson, 
deceased,  he  complying  with  the  Law.  —  Whereupon  the  Said 
Joseph  Beeler  with  Christopher  Beeler  Came  into  Court  and 
entered  into  Bond  for  the  due  performance  of  his  said  Ad- 
ministration. 

Joseph  Beeler  Came  into  Court  and  took  the  Oath  of  Ad- 
ministrator of  Joseph  Hutcheson  deceased. 

Ordered  —  That  Richard  Antis,  William  Powell  and  James 
Burns  or  any  two  of  them  they  being  first  sword  to  apprais  the 
Estate  of  John  Hutcheson  deceased  and  Make  Return  to  Next 
Court. 

Benjamin  Kirkindall  Gent  Justice  Took  his  Seat  in  Court. 

Andrew  Swearingen 

Thomas  Hambleton  This  day  came  the  Plff,  and  Robert 
Hamilton  personally  appeared  in  Court  and  undertook  for  the 
Defendant  that  in  Case  he  Shall  be  Cast  in  this  Suit  he  Shall 


104  Annals  of  the  Carnegie  Museum. 

pay  and  Satisfy  the  Condemnation  of  the  Court  or  render  his 
Body  to  Prison  in  execution  for  the  same,  or  that  he,  the  said 
Robert  Hamilton  will  do  it  for  him.  Whereupon  the  said 
Deft  prays  and  hath  leave  to  imparl  untill  next  Court  and  then 
to  plead. 

William  Brashiers 

Robert  Hambleton  This  day  came  the  Plff,  and  Thomas 
Hambleton  personally  appeared  in  Court  and  undertook  for  the 
Defendant  that  in  Case  he  shall  be  Cast  in  this  Suit  he  Shall 
pay  and  Satisfy  the  Condemnation  of  the  Court  or  render  his 
Body  to  Prison  in  Execution  for  the  Same  or  that  the  said 
Thomas  Hambleton  will  do  it  for  him.  Whereupon  the  Deft 
prays  and  hath  leave  to  imparl  untill  next  Court  and  then  to 
plead. 
(34)  Moses  Davison  Stands  charged  with  Hog  stealing.  Ordered 
that  the  said  Moses  Davison  be  bound  over  to  Next  Grand  Jury 
Court  with  one  Security  in  the  Sum  of  ^^25  each. 

Whereupon  the  said  Moses  Davison  and  William  Colvin  his 
Surety  Came  into  Court  and  Entered  Bail  as  aforesaid. 

Sarah  Reed,  Joseph  Becket  and  Edward  Cook,  Executors  of 
the  last  will  and  Testament  of  Jonathan  Reed  deceased  with 
Joseph  Beeler  Christopher  Beeler  and  Paul  Froman,  their  se- 
curities came  into  Court  and  entered  into  Bond  for  the  true  per- 
formance of  the  said  Executorship.  Whereupon  the  said  Sarah 
Reed  Joseph  Becket  and  Edward  Cook  took  the  Oath  of  Execu- 
trix and  Executors  of  the  last  will  and  Testament  of  said  Jona- 
than Reed  Deed. 

Ordered  that  Benjaman  Davis  Samuel  Burns  John  WVight 
and  Dorsey  Pentecost  or  any  two  or  more  of  them,  being  first 
sworn  to  appraise  the  Estate  of  Jonathan  Reed  deceased  and 
make  Return  to  Next  Court. 

Joseph  Allen  being  Charged  with  a  Breach  of  an  act  of  As- 
sembly of  this  Common  Wealth  intitled  an  act  for  the  Punish- 
ment of  Certain  Offences  being  Calld  Came  into  Court  and 
pleads  Not  (iuilty — Then  came  a  Jury,  to  wit :  James  Swolevan, 
James  Wall,  Charles  Bruce,  James  Campbell,  William  Marshall, 
Andrew  Heth,  John  Crow,  Joseph  Becket,  Zadock  Wright, 
Joseph  Beeler,  Edward  Cook  and  John  Douglass,  and  saith 
that  the  said  Joseph  Allen  is  Not  Guilty. 


Minutes  of  Court  of  Yohogania  County.  105 

(35)  El iezer  Brown  being  Charged  with  a  Breach  of  an  Act  of 
Assembly  of  this  Common  Wealth  in  titled  an  act  for  the  punish- 
ment of  certain  Offences — being  Called  comes  before  the  Court 
and  pleads,  Not  Guilty.  Whereupon  came  a  Jury,  to  wit : 
James  Swolevan,  James  Wall,  Charles  Bruce,  James  Campbell, 
William  Marshall,  Andrew  Heath,  John  Crow,  Joseph  Becket, 
Zadock  Wright,  Joseph  Beeler,  Edward  Cook  and  John  Doug- 
lass, who  upon  their  Oaths  say  that  the  said  Eliezer  Brown  is 
Not  Guilty. 

Thomas  Estill,  being  charged  with  a  Breach  of  the  Act  of 
Assembly  of  this  Commonwealth,  intitled  an  act  for  the  punish- 
ment of  Certain  Offences,  who  being  Called  upon  Comes  into 
Court  and  pleads  Not  Guilty  ;  Whereupon,  a  Jury  being  Sworn, 
to  wit :  James  Swolevan,  James  Wall,  Charles  Bruce,  James 
Campbell,  William  Marshall,  Andrew  Heath,  John  Crow, 
Joseph  Becket,  Zadock  Wright,  Joseph  Beeler,  Edward  Cook, 
and  John  Douglass,  do  say  they  find  for  the  Commonwealth 
Twenty  Pounds  Current  Money. 

Philip  Tabor,  Charged  with  being  guilty  of  a  Breach  of  an 
Act  of  Assembly  of  this  Common  Wealth  intitled  an  act  for  the 
punishment  of  Certain  Offences,  being  called  comes  into  Court 
and  pleads  Not  Guilty.  W^hereupon  Come  a  Jury  to  wit,  James 
Swolevan,  James  Wall,  Charles  Bruce,  James  Campbell,  Wil- 
liam Marshall,  Andrew  Heth,  John  Crow,  Joseph  Becket, 
Zadock  Wright,  Joseph  Beeler,  Edward  Cook  &  John  Douglass, 
who  upon  their  Oaths  do  say  the  Said  Philip  Tabor  is  Not 
Guilty. 

(36)  Upon  the  Petition  of  Adam  Wickerham  setting  forth  that  he 
is  desirous  of  Building  a  Water  Mill  on  Mingo  Creek  about 
three  quarters  of  a  Mile  from  the  mouth  and  that  he  owns  all 
the  Lands  that  will  be  effected  or  overflowed  by  the  building 
of  the  said  Mill.  It  is  therefore  Considered  by  the  Court  that 
the  Said  Adam  Wickerham  have  leave  to  build  and  compleat  a 
mill  at  the  place  aforesaid. 

Upon  the  Petition  of  Paul  Froman  setting  forth  that  he  is 
desirous  of  building  a  Water  Mill  on  Mingo  Creek  at  the  mouth 
thereof  and  praying  an  Order  to  view  and  Condemn  one  acre 
of  Land  on  the  opposite  side  of  the  Creek  to  said  Froman 's 
Land  for  that  purpose. 


106  Annals  of  the  Carnegie  Museum. 

Ordered  that  the  Sheriff  be  Commanded  to  Summon  twelve 
good  and  lawful  freeholders  of  the  vicinage  to  meet  on  the 
premises  aforesaid  and  being  first  sworn  shall  diligently  view 
and  examine  the  said  Lands  which  may  be  affected  or  laid 
under  water  by  the  Building  Said  Mill  with  the  Timber  and 
other  Conveniences  thereof,  and  that  they  report  the  same  to 
next  Court  under  their  hands  and  Seals  with  the  true  value  of 
the  one  acre  of  Land  Petitioned  for  and  of  the  damage  done  to 
the  party  holding  the  Same. 

Ordered  that  John  Campbell,  Gent. ,  be  requested  to  furnish 
the  wife  of  Lemuel  Davis,  a  poor  Soldier  now  in  the  Continental 
service  from  this  State,  for  the  Support  of  herself  and  three 
Children,  the  Sum  of  four  pounds  per  Month,  to  Commence 
from  the  said  Lemuel  Davis's  March  from  this  County. 

Ordered  that  the  provision  made  for  the  Children  of  Edward 
McCawley,  by  a  former  Order  of  this  Court,  Shall  commence 
(37)  from  the  time  of  his  March  from  this  Country,  and  that  the 
funeral  Charges  of  one  of  the  said  Children  since  dead  be  paid 
by  the  said  Mr.  Campbell,  and  that  this  Court  do  draw  on  the 
Treasury  of  this  Commonwealth  for  the  payment  of  the  Same. 

A  letter  from  General  Hand  addressed  to  Col.  Campbell 
questing  that  Capt.  Alexander  McKee's  Parole  given  to  the 
Committee  of  West  Augusta  be  given  up  to  him,  the  said  General 
Hand,  in  order  to  enable  him  to  put  Capt.  McKee  on  a  New 
Parole,  as  he  finds  it  necessary  to  remove  said  Alexander 
McKee.  Ordered  that  the  said  Parole  be  given  up  to  General 
Hand  and  that  he  deposit  a  Copy  of  the  New  Parole  to  be  taken 
from  the  said  Capt.  McKee  in  Lieu  thereof,  Certified  by  the 
said  General  Hand. 

Ordered  that  a  Dedimus  be  issued  to  take  the  Evidence  in 
behalf  of  the  Common  Wealth,  against  John  Beall,  as  well  on 
behalf  of  said  John  Beall  as  on  the  Common  Wealth. 

Sarah  Norris 

Attachment 

Charles  Norris 

These  parties  came  into  Court  and  recjuest  that  this  Action 
may  be  referred  to  Michael  Rawlins,  Thomas  Keith  and  Andrew 
Swearingen  Gent.      It  is  therefore  accordingly  ordered  by  the 


Minutes  of  Court  of  Yohogania  Couni-y.  107 

Court  that  the  said  Suit  be  referred  to  the  said  Michael  Raw- 
lins, Thos  Keith  and  Andrew  Swearingen  or  any  two  of  them, 
they  being  first  sworn  diligently  examine  the  Case  and  make 
return  in  writing  to  next  Court,  of  their  Judgment  which  Shall 
be  considered  the  Judgment  of  the  Court. 

Ordered  that  the  Court  be  adjourned  to  7  oClock  tomorrow 

morning. 

John  Campbell. 

(38)  The  Court  met  according  to  Court  in  Course  at  the  house  of 
Mr.  Andrew  Heath  Octo  27th  1777. 

Present :   John  Campbell,  Isaac  Cox,  Joshua  Wright,  Richard 

■ 

Yeates,  Gentlemen  Justices. 

Ordered   that    the    Court   be  adjourned  to  the  new   Court 

House.* 

John  Campbell. 

The  Court  met  at  the  Court  House  pursuant  to  adjournment. 

Present :  John  Campbell,  Isaac  Cox,  Richard  Yeates,  Joshua 
Wright,  Benj  Kerkendal,  Andrew  Swearingen,  Samuel  Newell, 
Gent.  Justices. 

A  Bargain  and  Sale  from  Michael  Kintner  and  Catherine  his 
wife  to  Daniel  Dozier  for  200  acres  of  Land,  acknowledged  by 
said  Michael  Kintner  and  Catherine  his  wife  and  ordered  to  be 
recorded. 

Jacob  Feagley 

V 

Hugh  Brawdy  This  day  came  the  Plain tif,  and  James 
Wright  personally  appeared  in  Court  and  undertook  for  the 
said  Defendant  that  in  Case  he  shall  be  Cast  in  this  Suit,  he 
shall  pay  and  Satisfy  the  Condemnation  of  the  Court  or  render 
his  Body  to  Prison  in  execution  for  the  same  or  that  he  the 
said  James  Wright  will  do  it  for  him,  whereupon  the  said 
Defendant  prays  and  hath  leave  to  imparl  untill  next  Court  and 
then  to  plead. 

(39)  Peter  Resner 

V 

Daviss  Ruth  This  day  came  the  Plaintiff,  &  David  Leffergy 
personally  appeared  in  Court  and  under  took  for  the  said  De- 

'  Ordered  on  August  26th,  to  be  built  in  one  month. 


108  Annals  of  the  Carnegie  Museum. 

fendant  that  in  Case  he  shall  be  Cast  in  this  Suit  he  shall  Sat- 
isfy the  condemnation  of  the  Court  or  render  his  body  to 
prison  in  Execution  for  the  same,  or  he  the  said  David  Leffurgy 
will  do  it  for  him,  whereupon  the  Said  Defendant  pleads  and 
hath  leave  to  imparl  untill  next  Court  and  then  to  plead. 

Ordered,  that  Jno  Campbell,  Gent.,  be  requested  to  furnish 
the  Wife  of  Richard  Jaines,  a  poor  Soldier  in  the  Continental 
Service  from  this  State,  with  the  sum  of  four  pounds  per  month, 
for  the  Support  of  herself  and  three  Children,  and  this  Court 
do  draw  on  the  Treasurer  of  this  Common  Wealth  for  the  pay- 
ment of  the  Same. — The  same  to  commence  one  month  prior 
to  this  date. 

John  Campbell,  gent,  absent. 

Ordered  that  Mrs.  Knox,  the  wife  of Knox,  a  poor 

Soldier  in  the  Continental  Service  from  this  State,  be  allowed 
the  Sum  of  three  pounds  per  month,  for  the  Support  of  her- 
self and  three  Children,  to  commence  from  the  date  hereof, 
and  that  this  Court  do  draw  on  the  Treasurer  of  this  Com- 
mon Wealth  for  the  payment  of  the  Same. 

Ordered  that  Mary  Douthard,  the  wife  of  Thomas  Douthard, 
a  poor  Soldier  from  this  State  in  the  ser\'ice  of  the  United 
States,  be  allowed  four  pounds  per  month,  for  the  Support  of 
herself  and  Six  Children,  to  commence  one  Month  prior  to 
this  date,  and  that  this  Court  draw  on  the  Treasurer  of  this 
Commonwealth  for  the  Same. 
(40)  Ordered,  that  the  wife  of  Abram  Ritchey,  a  poor  Soldier  in 

the  Continental  Service  from  this  State,  be  allowed  three  pounds 
per  month  for  her  Support  and  three  Children,  and  that  the 
Court  do  draw  on  the  Treasurer  of  this  Commonwealth  for  the 
payment  of  the  same 

Ordered  that  the  sum  of  Two  pounds  per  month  be  allowed 
the  wife  of  William  Ritchie,  a  poor  Soldier  now  in  the  Conti- 
nental Service  from  this  State  for  the  Support  of  herself  and 
two  Children,  and  that  this  Court  draw  on  the  Treasurer  of 
this  Commonwealth  for  the  payment  thereof. 

A  Deed  of  Partition,  John  Connolly  to  John  Campbell  Gent 
bearing  date  the  Sixth  day  of  February,  one  Thousand  seven 
hundred  and  seventy-six,  proved  by  the  Oath  of  Thomas  Flinn 
one  of  the  Subscribing  Witnesses  and  that  he  saw  Joseph  West- 


/ 


/ 


Minutes  of  Court  of  Yohogania  County.  109 

more,  Charles  Matheson,  and  James  Millegan  Sign  their  names 

thereto  as  Witnesses. 

Ordered  that  the  Court  be  adjourned  to  tomorrow  morning 

at  eight  O' Clock. 

Isaac  Cox. 

(41)  The  Court  met  according  to  adjournment. 

President :  John  Campbell,  Richard  Yeates,  Andrew  Swer- 
ingen,  Samuel  Newell,  Gentlemen  Justices. 

Ordered,  that  the  Inhabitants  of  this  County  have  leave  to 
Inoculate  for  the  Small  Pox,. at  their  own  houses  or  such  other 
convenient  Places  as  they  may  think  proper. 

Zelphia  McClean 

V 

Thomas  Palmer  This  day  came  the  Plaintiff,  and  John 
Palmer  personally  appeared  in  Court  and  undertook  for  the  De- 
fendant that  in  Case  he  shall  be  Cast  in  this  Suit  he  shall  Satisfy 
the  Condemnation  of  the  Court  or  render  his  body  to  prison  in 
execution  for  the  Same  or  that  he  the  said  John  Palmer  will  do 
it  for  him.  Whereupon  the  said  Deft  prays  and  hath  leave  to 
imparl  untill  next  Court  and  then  to  plead. 

On  the  Petition  of  Sarah  Sample  setting  forth  that  Ann  Mc- 
Clean hath  detained  a  Servant  Girl,  Ann  Brook,  to  the  great 
Damage  of  the  said  Petitioner.  Ordered  that  a  Subpona  do 
issue  to  summon  the  said  Ann  to  the  next  Court. 

Alexander  Bowlin 

v  In  Case 

William  Poston  Upon  the  testimony  of  Isaac  Leet  and  the 
Debt  being  under  fifty  dollars  and  the  said  Defendant  being  in 
the  Continental  Service,  Ordered  that  this  Suit  be  dismissed 
at  Plff's  Cost. 

(42)  Benjn  Kerkendal  and  Isaac  Cox  Gent  Present.     John  Camp- 
bell, Gent,  absent. 

The  Commonwealth     ^^  x        ^^        \/r       \m 

Recognizance  on  Assault  on  Mary  Mc- 

Callister. 
David  Duncan 

On  hearing  the  Evidence,  Ordered  that  the  said  David  Dun- 
can be  bound  over  to  answer  the  said  Complaint  of  Elizabeth 


110  Annals  of  the  Carnegie  Museum. 

McCallister  in  behalf  of  the  Commonwealth  exhibited  against 
him,  whereupon  the  said  David  with  Zadock  Wright  his  Se- 
curity came  into  Court  and  acknowledged  to  be  indebted  to 
Patrick  Henry  Esq  Gov  &c  for  the  use  of  the  State  to  be  levied 
&c  the  sum  of  ;^2  5  each  conditioned  for  the  personal  appear- 
ance of  the  said  David  at  the  next  Grand  Jury  Court  to  be 
held  for  this  County  &c 

Joshua  Wright,  John  Campbell  Gent.  Present. 

On  the  Recognizance  of  James  Fleming  and  John  Gibson 
(packhorse  man)  the  parties  not  appearing  being  Solemny 
called  Ordered  the  same  to  be  put  in  Suit. 

Isaac  Leet,  Deputy  Sheriff,  in  behalf  of  the  high  Sheriff  of 
the  County,  entered  his  protest  against  the  Goal  of  this  County, 
he  conceiving  the  same  not  sufficient  to  confine  Prisoners. 

Ordered  that  the  Sheriff  pay  Colo  Isaac  Cox  the  sum  of 
Thirty  pounds  to  be  applied  towards  the  pay  for  building  the 
Court  house  and  Goal,  and  Andrew  Heth  pay  five  pounds  now 
retained  in  his  hands  for  Samuel  Ewalts,  fine  for  keeping  a  dis- 
orderly house  to  the  said  Sheriff. 

Ordered  that  Ann  Brook  a  Servant  to  Sarah  Sample  be  and 
(43)     remain  with  her  mother  Ann  McClain  untill  next  Court. 

Ordered  that  the  Court  be  adjourned  to  tomorrow  morning 
at  8  O'clock. 

John  Campbell. 

The  Court  met  in  pursuant  to  adjournment  Oct  29th  1777. 

Present :  John  Campbell,  Isaac  Cox,  Samuel  Newell,  Rich- 
are  Yeates,  Andw  Swearigen,  Gentlemen  Justices. 

Ordered  that  the  Sheriff  do  Summon  a  Grand  Jury  to  attend 
next  Court. 

Zacheriah    Connell,    Gent.  Then    came    the    Plff,    and 

Nathaniel  Brown  Richard   Yeates    Gent  person- 

ally appeared  in  Court  and  undertook  for  the  said  Defendant 
that  in  Case  he  shall  be  Cast  in  this  Suit  He  shall  pay  and 
satisfy  the  Condemnation  of  the  Court  or  render  his  Body  to 
Prison  in  Execution  for  the  Same  or  the  said  Richard  Yeates 
will  do  it  for  him.  Whereupon  the  said  Defendant  prays  and 
hath  leave  to  imparl  till  next  Court  and  then  to  plead  &c 


Minutes  of  Court  of  Yohogania  County.  Ill 

The    Commonwealth         ^,       t^  . 

The    Prosecution     not    appeanng 

,    ^    ,  Ordered  to  be  dismissed. 

Jacob  Judy 

Upon  the  Petition  of  David  Day  against  Jacob  Hendricks  on 

Request  of  the  Parties  Ordered  that  this  Suit  and  all  other  Suits 

now  depending  in  this  Court  between  the  said  Parties  be  referred 

to  John  Smith,  William  Campbell  and  William  Vance,  they 

being  first  sworn  and  make  return  to  next  Court. 

(44)  The  Commonwealth  In  Breach  of  the  peace. 

V 

David  Stone  &  Jas  Davis         James  Fleming  Prosr 
Then  came  the  parties  and  upon  hearing  their  Allegations, 
Ordered  to  be  dismissed  at  the  Plffs  Cost. 

The  Commonwealth         In  Assault  &  Battery 

V 

John  Bradley  David  Irwin  Pros. 

Ordered  that  the  Prosecutor  David  Irwin  and  the  Deft  John 
Bradley  give  Security  for  their  good  behavior  towards  all  the 
good  Subjects  of  this  Commonwealth  till  the  next  Grand  Jury 
Court.  Whereupon  the  said  David  Irwin  with  David  Stone  his 
Security  and  John  Bradley  with  James  Scott  his  Security  ac- 
knowledged to  owe  to  Patrick  Henry  Esq  Gov  &  the  sum  of 
;^2o  each  to  be  levied  &c  conditioned  as  per  the  order  of  the 
Court  and  that  they  dot  depart  the  Court  without  leave  &c 

Alexander  Bowling 

V  Then  came  the  Plff,  and  James  Scott 

Francis  Morrison  personally  appeared  in  Court  and  un- 
dertook for  said  Defendant  that  if  he  Shall  be  Cast  in  this  Suit 
he  shall  pay  the  Condemnation  of  the  Court  or  render  his  body 
to  Prison  in  execution  for  the  same,  or  he,  the  said  James  Scott 
will  do  it  for  him,  whereupon  the  said  Deft,  prays  and  has 
leave  to  imparl  untill  next  Court  and  then  to  plead,  &c. 

The  Last  will  &  Testament  of  Joseph  Kirkwood  deceased  was 
proved  by  the  Oaths  of  Nicholas  Little  and  Geo  Gillespie  two 
of  the  Subscribing  Witnesses  and  ordered  to  be  recordered. 

(45)  James  Allison  and  Margaret  Kirkwood  came  into  Court  and 
took  the  Oath  of  Executor  and  Executrix  of  the   Estate  of 


112  Annals  of  the  Carnegie  Museum. 

Joseph  Kirkwood,  deceased,  whereupon  the  said  James  Allison 
and  Margaret  Kirkwood  with  George  Gillespie  and  John  Mc- 
Dowell, their  Sureties  come  into  Court  and  enter  into  Bond  for 
the  due  performance  of  their  said  trust. 

Ordered  that  Nicholas  Little,  Patrick  McCollock  and  Patrick 
Scott  or  any  two  of  them,  being  first  sworn  do  apprais  the  Es- 
tate of  Joseph  Kirkwood  deceased,  and  make  return  to  next 
Court. 

John  Campbell,  Gent.  Absent. 

John  Ramage  with  William  Ramage  his  Security  come  into 
Court  and  acknowledged  to  be  indebted  ;^5oo  conditioned  for 
the  appearance  of  the  said  John  Ramage  at  a  Court  to  be  held 
the  5th  day  of  November  next  for  the  Examination  of  the  said 
John  Ramage. 

Ordered  that  the  Treasurer  of  this  Commonwealth  pay  to 
Colo  John  Campbell,  the  sum  of  ninety  eight  pounds  current 
money  to  reimburse  him,  the  said  Colo  Campbell,  for  money 
already  furnished  the  wives  and  Children  of  poor  Soldiers  from 
this  County,  now  in  the  Continental  Service  &  for  the  farther 
Support  for  three  months  next  ensuing,  and  that  the  Clerk 
draw  on  the  treasury  in  favor  of  said  Campbell,  for  the  afore- 
said sum  of  ;^98  o  o  Current  money. 

William  McMachen 

V  In  Case 

John  Greathouse  Then    came    the    parties   and    at  ^  the 

request  of  the  Plff  Ordered  that  this  Suit  be  dismissed. 
John  Campbell  Gent.  Prest. 

(46)  Bazil  Brown 

V 

Robert  Hamilton  Then  came  the  Plff,  and  Thomas  Ham- 
ilton personally  appeared  Court  and  undertook  for  Sd  Deft, 
that  in  Case  he  should  be  Cast  in  this  Action,  he  Shod  pay  and 
Satisfy  the  Condemnation  of  the  Court  or  render  his  Body  to 
prison  in  Execution  for  the  same  or  he  the  said  Thomas  Ham- 
ilton will  do  it  for  him.  Whereupon  the  said  Defendant  prays 
and  has  leave  to  imparl  untill  next  Court  and  then  to  plead. 

Ordered  that  this  Court  be  adjourned  to  tomorrow  morning 
at  8  oClock.  John  Campbell. 


Minutes  of  Court  of  Yohogania  County.  113 

October  30th  1777  The  Court  met  Pursuant  to  Adjournment. 

Present :  John  Campbell,  Isaac  Cox,  Andw  Sweringen, 
Richd  Yeates,  Gentlemen  Justices. 

Ordered  that  the  Clerk  issue  a  Summons  for  Christian 
Brooks,  Daniel  Rysher  and  Michael  Rysher  to  appear  before 
the  next  Court  to  be  held  for  this  County  to  give  Testimony 
against  Conrad  Winmiller  in  behalf  of  the  Common  Wealth. 

Joshah  Wright  Gent.  Present. 

Ordered,  that  Isaac  Cox,  Oliver  Miller  and  Benjamin  Key- 
kendal,  Gent,  or  any  two  of  them,  be  appointed  to  contract 
with  a  proper  person  or  persons  to  build  a  sufficient  Stone 
(47)  Chimney  in  the  Court  house  and  Goal,  to  be  carried  up  in  the 
middle  of  the  Building,  with  three  fire  places,  one  in  each  room 
of  the  Goal,  and  one  in  the  part  where  the  Court  is  held ;  and 
to  have  the  Court  Rooms  chunked  and  plastered ;  also  a  good 
loft  of  Clap  boards,  with  a  window  in  each  Glebe,  and  four 
pains  of  Glass  of  ten  Inches  by  eight,  and  the  Goal  rooms  to  be 
plastered. 

Thomas  Rankins  v  Jeremiah  Stransbury,  Case,  Agreed. 

David  Day  v.  Jacob  Hendricks.     Ass  &  Bat.  refer' d 

John  Lydia  v  Joseph  Cox  —  Slander  —  Plu.  Cap. 

Abraham  Dale  v.  Richard  Elson  —  Trespass.  —  Agreed 

Benj  Jones  v  Patrick   McDonald.  —  Ass  &  Bat.  —  Plu  Cap 

Balser  Shilling  v  Spencer  Collins  —  Trespass.     Plu  Cap. 

Dorsey  Pentecost  v  Chris  McDonald  —  Case  Plu  Cap. 

Zacheriah  Connell.  v  Abraham  Vaughan .     Debt.     Plu  Cap. 

Hugh  Serling  v  Mordecai  Richards  —  Ass  &  Bat  Plu  Cap 

David  Willson  v  Henry  Boling  —  Debt  —  Plu.  Cap. 

John  Spivy  v  Samuel  Beeler.     Trespass  Plu.  Cap. 

John  Gallahar  &  wife  v  Christian  Summon.  Slander.  Al 
Cap. 

John  Smith  v  Sarah  Dye  —  Debt  —  Cont'd 

Charles  Reno  v  Lewis  Clock  —  Case  —  Agreed. 

Robert  McKeey  v  Moses  Davison     Case     Cont'd 

View  of  the  Jury  upon  the  Petition  of  Paul  Froman  returned 
by  the  Sheriff  and  ordered  to  be  recorded 

Ordered  that  the  Court  be  adjourned  to  the  Court  in  Course. 

John  Campbell. 


114  Annals  of  the  Carnegie  Museum. 

(48)  At  a  Court  continued  and  held  for  Yohogania  county  —  De- 
cember 22  1777 

Present :  Isaac  Cox,  John  McDowell,  Richard  Yeates,  Olli- 
ver  Miller,  Gentlemen  Justices. 

Inventory  of  Jonathan  Reed  deceased  returned  by  the  ap- 
praisers and  ordered  to  be  recorded  — 

An  Attachment,  being  obtained  by  Daniel  Swigart  against 
Benjamin  Newgent,  the  Constable  (John  Johnston)  having  re- 
turned that  he  had  executed  the  said  attachment,  on  one 
horse,  nine  head  of  hogs,  and  a  quantity  of  Rie  in  the  Sheaf, 
and  the  said  Benjh  Newgent  being  Solemnly  Called  and  not 
appearing  to  replevy  the  said  attached  Effects. —  The  said  Dan- 
iel Swigart  produced  an  account  against  the  said  Benjamin  for 
;^24  5  9  Pennsylvania  Currency  which  he  proved  according  to 
law.  It  is  ordered  by  the  Court  that  the  said  Daniel  Swigart 
Plff.  recover  against  the  said  Benjamin  Defendant  for  Nineteen 
pounds  eight  Shillings  and  Seven  pence  farthing  Current 
Money  of  the  value  of  ;^24  5  9  Pennsylvania  Currency  Ordered 
that  the  Sheriff  make  sale  of  the  aforesaid  Attached  Effects  and 
Satisfy  the  Said  Daniel  Plff  the  Judgment  and  make  return 
thereof. 

John  Crow  took  the  Oath  of  Capt  of  Militia. 

Maybury  Evans  produced  a  Commission  from  his  Excy  the 
Governor  appointing  him  Lieut  of  the  Militia  of  this  County 
which  being  read  the  said  Mayburry  came  into  Court  and  took 
the  oath  of  Lieut  of  Militia. 

Ben  Keykendal,  Gent,  Absent. 

(49)  Patrick  Lafferty  came  into  Court  and  took  the  Oath  of  En- 
sign of  the  Militia. 

Daniel  Williams  came  into  Court  and  enters  himself  Defend- 
ant in  the  stead  of  Casual  Ejector  in  an  Ejectment  at  the  Suit 
of  Isaac  Vance  and  Enters  &c 

Isaac  Cox,  Gent  Absent. 

Isaac  Cox  Gent,  having  obtained  an  attachment  against  the 
Estate  of  Richard  Richardson  for  two  pounds  two  Shillings  and 
eight  pence,  and  the  Sheriff  returns  that  he  has  levied  the  said 
attachment  on  a  trowel  «!v:  hammer,  and  the  said  Richard  Rich- 
ardson being  solemnly  called  and  failing  to  appear  and  the 
said  Isaac  Plaintiff  proved  the  said  account,  it  is  considered  by 


Minutes  of  Court  of  Yohogania  County.  115 

the  Court  that  the  said  Isaac  Plaintiff  recover  against  the  said 
Richard  Defendant  the  said  sum  of  two  pounds  two  Shillings 
and  eight  pence.  Ordered  that  the  Sheriff  make  sale  of  the 
aforesaid  attached  effects  to  Satisfy  the  said  Judgment  and  make 
return  thereof. 

Ordered  on  Motion  of  John  Crow,  his  mark  a  Crop  in  the 
Left  Ear  and  a  Swallow  fork  in  the  right,  be  recorded. 

Ordered  that  the  Ear  mark  of  Jacob  Shillings  a  half  Crop  in 
the  left  E^r  and  a  Crop  and  a  half  Crop  in  the  right  Ear  be 
recorded. 

Ordered  that  the  mark  of  Richard  Yeates  a  Crop  and  under 
keel  in  the  left  ear  and  two  slits  in  the  right  year  be  re- 
corded. 

Ordered  that  the  Ear  mark  of  Olliver  Miller,  Gent  a  hole  in 
the  left  year  and  two  Slits  in  the  right  ear  be  recorded. 

Ordered  that  the  Court  be  adjourned  to  tomorrow  morning 

at  9  oClock. 

Isaac  Cox. 

(50)  Dec  23d  1777.  The  Court  met  according  to  adjournment. 
Present :  John  McDowell,  Isaac  Cox,  Richd  Yeates,  Oliver 
Miller,  Gentlemen  Justices. 

The  mark  of  Mayberry  Evans  a  Swallow  fork  in  the  right 
ear  and  a  Slit  in  the  left,  on  motion  of  said  Mayberry  Ordered 
to  be  recorded. 

The  mark  of  Richard  Evans,  a  Swallow  fork  in  the  right  ear 
and  a  Crop  in  the  left  ordered  to  be  recorded. 

The  Ear  Mark  of  William  Anderson  two  under  half  Crops 
on  motion  ordered  to  be  recorded. 

The  Mark  of  Michael  Teggert  a  crop  and  three  Slitts  in  the 
left  Ear,  on  motion  of  said  Michael  ordered  to  be  recorded. 

Bill  of  Sale  Alexander  Young  to  Joseph  Wherry  for  300 
Acres  of  I^nd  acknowledged  by  said  Young  party  thereto  or- 
dered to  be  recorded. 

On  the  Complaint  of  James  Murphy  and  wife  that  a  certain 
Jacob  Jones  hath  for  «ome  time  past  forcibly  detained  George 
Alervine,  the  son  of  the  wife  of  the  said  James  Murphy  to  the 
great  damage  of  the  said  James  and  Wife  and  against  the  peace 
and  dignity  of  the  Common  Wealth.      Ordered   that  the  Said 


116  Annals  of  the  Carnegie  Museum. 

Jacob  Jones  forthwith  deliver  the  said  George  Alervine  to  the 
said  James  Murphy  and  wife. 

Charles  Morris 

V  In  Debt  ^ 

Thomas  Rouse  On  Motion  of  Plff  Ordered  that  this  Suit  be 
dismissed. 

(51)  On  the  Petition  of  Andrew  Heath  &c,  Ordered,  that  Robert 
Henderson,  Zadock  Wright,  John  Robertson,  John  Crow, 
Thomas  Applegate  and  Andrew  Dye,  view  a  road,  the  nearest 
and  best  way  from  Pittsburg  to  Andrew  Heaths  ferry  on  the 
Monongahela  River,  and  from  thence  to  Becket*s  fort. 

Upon  the  motion  of  Andrew  Heath,  ordered  that  he  have 
leave  to  keep  a  ferry  at  his  house  across  the  Mongahala  River. 

Benn  Kekendal  Wilm  Goe,  Gent  present. 

On  the  Information  of  Oliver  Miller  Gent,  that  William 
Dunaghgan  did  on  this  day  swear  two  prophane  Oaths  Ordered, 
that  the  said  William  William  Dunaghgan  be  fined  los  for  the 
same. 

Oliver  Miller  Gentleman  returns  five  Shillings  received  from 
Martin  Owens  for  Swearing.  Ordered  that  the  Sheriff  receive 
the  same. 

Isaac  Leet  returns  that  he  hath  received  five  Shillings  from 
James  Johnston  for  prophane  swearing.  Ordered  that  the  Said 
Isaac  Leet,  Sheriff  retain  the  same  in  his  hands. 

Thomas  Dickenson  came  into  Court  and  enters  himself 
Defendant  in  an  Action  of  Ejectment  at  the  Suit  of  James 
Roberts. 

Inventory  of  the  Estate  of  Garret  Newgill  deceased  returned 
by  the  appraisers  &  ordered  to  be  recorded. 

Bargain  and  Sale.  Paul  Froman  to  Dorsey  Pentecost  for 
fourteen  hundred  acres  of  Land  in  this  County  was  proved  by 
the  Oaths  of  James  Allison,  Isaac  Leet,  John  Crow  &  John 
McDowell  Gent,  also  the  receipt  thereunto  annexed  was  proved 
by  the  oaths  of  the  said  John  McDowell  and  John  Crow,  the 
Subscribing  Witnesses  to  the  Said  Bargain  &  Sale  &  Receipt  as 
aforesaid  &  ordered  to  be  recorded 

(52)  Bill  of  Sale.  Isaac  Cox  to  James  Allison  for  one  one  thou- 
sand acres  of  Land  in  the  County  of  Kentucke,  acknowledged 


Minutes  of  Court  of  Yohogania  County.  117 

by  the  said  Isaac  Cox  party  thereto  and  ordered  to  be  i-e- 
corded. 

David  McClure  Then  came  David  McClure  The  Plain - 

V  tiff,  and  John  Crow  personally  appeared 

Patrick  McElroy  in  Court  and  undertook  for  the  said 
Defendant  that  in  Case  he  shall  be  Cast  in  this  Action  he  shall 
pay  and  Satisfy  the  Condemnation  of  the  Court  or  render  his 
Body  to  prison  in  execution  for  the  same  or  he  the  said  John 
Crow  will  do  it  for  him.  Whereupon  the  Defendant  prays  and 
has  leave  to  imparl  untill  next  Court  and  then  to  plead. 

Upon  the  motion  of  Oliver  Miller  Gent  on  behalf  of  Cathe- 
rine Dabler  a  servant  to  William  Anderson  that  a  certain  Peter 
Brandon  of  the  town  of  Pittsburgh  now  unjustly  detains  an 
Infant  Girl  born  of  the  Body  of  the  said  Catherine.  Ordered 
that  the  said  Peter  Brandon  deliver  the  said  Infant  to  the  said 
William  Anderson,  it  is  also  ordered  to  bring  the  said  Infant 
before  the  next  Court  and  that  a  Summons  do  issue  to  Cause 
the  said  Peter  Brandon  then  to  attend  to  Shew  Cause  wherefore 
he  detains  said  Infant. 

Ordered,  that  the  Sheriff  collect  from  every  Tythable  person 
within  this  County,  the  sum  of  three  Shillings  as  County  Levies, 
and  that  he  account  with  the  Treasury  of  the  Common  Wealth 
for  the  same. 
(S3)  Ordered  that  the  Sheriff  pay  John  Campbell  Gent  out  of  the 
County  Collection,  the  sum  of  Eleven  Shillings  and  one  penny 
for  holding  an  Inquisition  on  the  body  of  John  Kelso. 

Ordered  that  the  Sheriff  of  this  County  pay  John  Bradley  out 
of  the  County  Collection  the  sum  of  four  Shillings  and  two 
pence,  for  summoning  an  Inquisition  on  the  body  of  John 
Kelso. 

Ordered,  that  the  Sheriff  payout  of  the  County  Collection  to 
Richard  Yeates,  the  sum  of  six  pounds  for  laying  two  floors  in 
a  Goal  formerly  built  for  this  district.^ 

Ordered  that  the  Sheriff  pay  out  of  the  County  Collection  to 
Dorsey  Pentecost  the  sum  of  Sixty  four  Pounds  ten  Shillings 
and  Six  pence  for  Record  Books,  County  Seal,  and  other  papers 
for  the  Clerk's  office  of  this  County. 

*  Doubtless  this   "Goal  formerly  built  for  this  district,  "  was  the  jail  on  the  late 
Wm.  Gabby  farm,  at  Augusta  Town,  about  half  a  mile  west  of  Washington. 


118  Annals  of  the  Carnegie  Museum. 

Zadock  Wright  produced  a  commission  from  his  Excellency 
appointing  him  Captain  of  the  Militia  which  being  read,  the 
said  Zadock  Wright  came  into  Court  and  took  the  Oath  of  Capt 
of  the  Militia. 

The  Ordinary  Keepers  within  this  County  are  allowed  to  sell 
at  the  following  rates 

one  half  pint  wiskey One  Shilling 

The  same  into  Tody One  Shilling  Six  pence 

A  larger  or  lesser  Quantity  in  the  same  proportion. 

Beer  per  Quart One  Shilling 

For  a  hot  Breakfast One  Shilling  &  Six  pence 

For  a  Cold  Do One  Shilling 

For  a  Dinner Two  Shillings 

Lodging  with  Clean  Sheets  pr  Night Six  pence 

Stablidge  for  one  horse  24  hours 

with  good  hay  or  fodder Two  Shillings 

Pasturage  for  Do do One  Shilling 

Oats  or  Corn  per  Quart Three  pence 

Supper One  Shilling  &  Six  pence 

(54)         Ordered  that  the  above  rates  commence  the  fifteenth  day  of 
January  next  and  not  before. 

Ordered  that  this  Court  be  adjourned  to  tomorrow  morning 
at  7  oClock  William  Goe 

The  Court  met  according  to  Adjournment  December  24th 

1777. 

Present :  Isaac  Cox,  John  McDowell,  Richard  Yeates,  Ben- 
jamin Keykendal,  Gent.  Justices. 

Ordered  that  the  Clerk  set  up  a  Copy  of  the  Rates  of  Sale 
for  ordinary  Keepers  within  the  County  at  different  public 
places  so  as  to  make  it  as  public  as  possible. 

William  Goe  and  Oliver  Miller  Gent  present 

Attachment  being  obtained  by  John  Campbell  and  Joseph 
Simon  against  the  Estate  of  (leorge  Croghan  for  eight  hundred 
and  eighty  eight  pounds  Pennsylvania  Currency  and  the  Sheriff 
of  this  County  having  returned  that  he  had  levied  the  said 
attachment  in  the  hands  of  William  Christy,  Frederick  Ferry, 
Geo  Litenberger,  Colo  Archibald  Steel,  &  David  Duncan,  and 
attached  All  the  Effects  in  the  hands  of  the  said  Garnishees, 


Minutes  of  Court  of  Yohogania  County.  119 

and  the  said  George  Croghan  being  Solemnly  Called  and  fail- 
ing to  appear  to  replevy  what  effects  they  have  in  their  hands, 
the  said  George  Croghan  and  Robert  Campbell  factor  for  the 
said  John  Campbell,  and  Joseph  Simon  Came  into  Court  and 
produced  an  account  against  the  said  George  Croghan  for 
eight  hundred  and  eighty-eight  pounds,  due  upon  Bonds  for 
the  payment  of  four  hundred  and  forty  four  Pounds  Pennsyl- 

(55)  vania  Currency  which  was  proved  by  the  said  Robert  Camp- 
bell. It  is  considered  by  the  Court  that  the  said  John  Camp- 
bell and  Joseph  Simon  do  recover  Judgement  against  said 
George  Defendant  for  the  sum  of  four  hundred  and  forty  four 
Pounds  Pennsylvania  Currency  of  the  Value  of  three  hundred 
and  fifty  five  pounds  and  four  Shillings  Virginia  Money,  with 
Interest  from  the  i8th  day  of  May  1775  untill  paid  and  his 
Cost  about  this  Suit  in  that  behalf  expended. 

Ordered  that  the  said  William  Christy,  Frederick  Farrey, 
George  Littenberger,  Archibald  Steel  and  David  Duncan  be 
summoned  to  attend  the  next  Court,  to  shew  what  effects  they 
have  in  their  hands  the  property  of  said  George  Croghan  and 
that  the  Sheriff  make  Sale  for  an  towards  Satisfaction  of  this 
Judgement  and  make  Return  thereof 

Mortgage  from  John  Bowley  to  John  Campbell  Esqr  bearing 
date  the  14th  day  of  November  1777  for  a  certain  Quantity  of 
Land  &c  on  Shirteer's  Creek  was  proved  by  the  oath  of  Rob- 
ert Campbell  and  Andrew  Heath,  two  of  the  Subscribing  Wit- 
nesses and  ordered  to  be  recorded. 

Ordered,  that  the  recommendation  for  Militia  Officers  of  the 
5th  &  6th  November  last,  by  the  Justices  of  this  County,  be 
confirmed  as  the  Opinion  of  this  Court,  and  they  do  hereby 
Confirm  the  proceedings  of  the  said  Justices  respecting  the 
Same,  as  the  distressed  Situation  of  this  County  demanded  the 
particular  attention  of  the  said  Justices  at  that  time. 

Ordered,  that  Gabriel  Cox  be  recommended  to  his  Excel- 
lency the  Governor  as  a  proper  person  to  serve  as  Major  of 
this  County  in  the  stead  of  Henry  Taylor  who  has  resigned  his 
Commission. 

Ordered  that   the   Sheriff  William   Harrison   retain    in   his 

(56)  hands  the  sum  of  Seventeen  pounds  Seven  Shillings  part  of  the 
County  Collection  for  Conveying  John  Millegan  a  Criminal 
to  the  Public  Goal  and  other  contingencies. 


120  Annals  of  the  Carnegie  Museum. 

Ordered  that  the  Sheriff  Collect  from  Joseph  Ross  the  sum 
of  Twenty  Shillings  which  was  adjudged  his  fine  for  swearing 
last  April  term. 

Ordered  that  the  Sheriff  deliver  Colo  Isaac  Cox  the  sum  of 
Eighteen  pounds  to  pay  Paul  Mathews  due  him  as  a  Ballance 
for  building  the  Court  house  and  Goal. 

Upon  the  motion  of  William  Harrison,  Gent,  ordered  that 
the  Clerk  issue  a  Summons  to  Call  John  Stephenson,  Thomas 
Gist,  Joseph  Beeler  and  Edmund  Rice  before  the  Court,  to 
testify  and  the  truth  say  what  they  know  respecting  the  mar- 
riage of  Catherine  Harrison  with  Isaac  Mason,  on  the  part  of 
the  said  Catherine.^ 

Masterson  Clark  obtained  Judgment  against  Joshua  Baker  for 
Thirty  one  pounds  Pennsylvania  Currency.  John  James  Wood 
Constable  returns  he  has  attached  a  Black  horse  and  one  Cow, 
and  the  Sd  Joshua  failing  to  appear  to  replevy  the  said  attached 
Effects  the  Plff  produced  a  Note  of  hand  against  the  said  Joshua 
Defendant  for  Thirty  one  pounds  Pennsa  Currency  with  Credit 
on  the  Back  for  three  pounds  two  Shillings  and  six  pence  like 
Currency.  It  is  Considered  by  the  Court  that  the  said  Master- 
son  Plff  recover  against  the  said  Joshua  Deft  the  sum  of  Twenty 
two  pounds  Six  Shillings  Current  Money  and  his  Costs  about 
this  Suit  expended.  Ordered  that  the  Sheriff  make  Sale  of  the 
Attached  Effects  or  as  much  thereof  as  will  be  of  value  Suffi- 
cient to  Satisfy  this  Judgment  and  make  return  to  next  Court. 
(57)  John  Campbell  and  Joseph  Simon  obtained  an  Attachment 
against  the  Estate  of  Andrew  Scott  for  four  pounds  Pennsyl- 
vania Currency,  who  is  said  to  be  so  absconded  that  the  Ordi- 
nary process  of  Law  cannot  be  Served  and  the  Sheriff  having 
returned  that  he  had  levied  the  said  attachment  in  the  hands 
of  Mathew  Ritchey  and  the  said  Scott  failing  to  appear  and 
replevy  though  solemnly  called  and  the  said  Campbell  and 
Simon  produced  a  proved  account  for  the  aforesaid  four  pounds 
Pennsa  Currency,  Ordered  that  the  Sheriff  make  Sale  of  so 
much  of  the  Estate  of  the  said  Andrew  Scott,  now  in  the  hands 
of  the  said  Garnishee  as  will  be  sufficient  to  Satisfy  the  said 
Plff  for  this  Judgment  of  three  pounds  four  Shillings  and  his 
Cost  in  this  behalf  expended. 

^  See  the  record  of  this  matter  made  April  28,  1778,  post. 


Minutes  of  Court  of  Yohogania  County.      121 

David  Ritchey  and  James  Wright  produced  Commissions 
from  his  Excellency  the  Governor  appointing  them  Captains 
of  the  Militia  which  being  read  as  usual,  the  said  David  Ritchie 
and  James  Wright  came  into  Court  and  took  the  Oaths  of  Cap- 
tains of  Militia. 

John  Lydea  v  Joseph  Cox  Case,  PI  C. 

Benjamin  Jones  v  Patrick  McDaniel  Assault,  P.  C. 

Paulser  Shillings  v  Spencer  Collens  Trespass,  P.  C. 

Dorsey  Pentecost  v  Christopher  McDonald  Case,  P.  C. 

Zachariah  Connell  v  Abraham  Vaughan  Debt,  P.  C. 

David  Wilson  v  Henry  Bowling  Case,  P.  C. 

John  Spivy  v  Samuel  Beeler  Case,  P.  C. 

Jno  Gallaher  &  uxr  v  Christian  Summet  Slander,  P.  C. 

John  Smith  v  Sarah  Dye  Debt,  Cont'd 
Wm  Harrison  Special  Bail. 

Joseph  Lindsey  v  Geo  Long  Debt,  Al  Cap 

Thomas  Gist  v  Henry  Boyles  Case.     A.  C. 

—  Same —  v  Richard  Waller.     Case,  A.  C. 

Same  v  John  Hall,  Slander,  A.  C. 
(58)         Hugh  Brady  v  Jacob  Feagley  Case,  Al  Cap. 

Richd  Swipicks  v  Jacob  Jones,  Case,  A.  C. 

Paul  Froman  v  Robert  McCrowry  Debt,  A:  C: 

Francis  Morrison  v  Daniel  Swigart,  Debt  A:  C: 

Henry  Martin  v  Sam  Patterson  &  D.  Rennels,  Debt,  A:  C: 

John  Lawrence  v  Thos  Rogers  Case,  A:  C: 

Charles  Norris  v  Thomas  Rouse  Case,  dismissed 

George  Sekley  v  John  Ramage,  Case,  A:  C: 

Susannah  Sekley  v  Robert  McKinley  Case.     A:  C: 

Eli  Williams  v  Philip  Taylor  Case,  A:  C: 

Thos  Freeman,  Gent,  v  Jno  James  &  Saml  Lynch,  Case, 
A:  C: 

Jacob  Bausema  v  James  Bradley  Case,  A:  C 

Elizabeth  Burriss  v  Naomi  Tampman  Case,  A:  C: 

Mary  Burriss  v  Jno  Johnson,  M.  Humble  &  Al,  Case. 
A:  C: 

James  Johnston  v  Godfrey  Waggoner  —  Case,  A:  C: 

Ordered  that  the  Sheriff  detain  the  Sum  of  six  pounds  out 
of  the  County  Collection  for  his  Public  Services  as  by  Law 
allowed. 


122  Annals  of  the  Carnegie  Museum. 

Ordered  that  the  Sheriff  pay  the  Clerk  of  the  Court  the  Sum 
of  Six  pounds  for  his  Public  Service  as  by  Law  allowed. 

Ordered  that  the  Court  be  adjourned  till  the  Court  in  Course. 

;  Isaac  Cox. 

At  a  Court  continued  and  held  for  Yohogania  County  March 
23d  1778. 

Present :  Isaac  Cox,  Joshua  Wright  Thomas  Freeman, 
Benjamin  Fry,  Gentlemen  Justices. 

Ordered  that  Mary  Mills  be  appointed  Administratrix  of 
John  Mills  deceased,  she  complying  with  the  Law.  Where- 
upon the  said  Mary  Mills  came  into  Court  and  took  the  Oath 
of  Administratrix  of  the  Estate  of  John  Mills  deceased. 

Mary  Mills  with  Joshua  Wright  and  James  McMahon  came 
into  Court  and  entered  into  Bond  for  her  performance  as  Ad- 
ministratrix of  the  Estate  of  John  Mills  deceased. 

Zacheriah  Connell  and  Joshua  Wright  Gent  Present. 

Ordered  that  James  Wright,  John  Wall  and  John  Cox  or 
any  two  of  them  being  first  sworn  do  appraise  the  estate  of 
John  Mills  deceased  and  make  return  to  this  Court. 

Ordered  that  Joseph  Tomlinson  be  appointed  administrator 
of  the  Estate  of  Saml  Tomlinson  deceased  he  complying  with 
the  Law.  Whereupon  the  said  Joseph  Tomlinson,  came  into 
Court  and  took  the  Oath  of  Administrator  of  the  Goods,  Chat- 
ties and  Credits  of  the  deceased  and  Entered  into  Bond  with 
John  Wall  and  William  Bruce  his  Securities. 

Ordered  that  Isaac  Williams,  George  Corn,  and  Robert  Jack- 
man  or  any  two  of  them  being  first  sworn  do  appraise  such  of 
the  Estate  of  Saml  Tomlinson  deceased  as  may  be  found  in  this 
County,  and  that  John  Mitchell,  David  Shepeard,  James  Garri- 
(60)  son  and  Yeates  Con  well,  or  any  three  of  them,  they  being  "first 
sworn  do  appraise  such  of  the  said  Estate  as  may  be  found  in 
Ohio  County  and  make  Return  to  next  Court. 

Joseph  Wherry 

V  Then  Came  the  Plaintiff  and  James  Pat- 

John  White  terson    personally    ai)peared  in  Court  and 

undertook  for  the  Defendant  that  in  Case  he  Shall  be  Cast  in 
this  Suit  he  Shall   pay  and  Satisfy  the  Condemnation  of  the 


Minutes  of  Court  of  Yohogania  County.  V2S 

Court  or  render  himself  to  prison  in  Execution  for  the  same  or 
he  the  said  James  Patterson  will  do  it  for  him.  Whereupon 
the  said  Defendant  prays  and  has  leave  to  imparl  untill  next 
Court  and  then  to  plead,  &c 

The  last  Will  and  Testament  of  John  Vance  deceased  was 
proved  by  the  Oaths  of  William  Crawford  and  Samuel  Hicks 
two  of  the  Subscribing  Witnesses  and  ordered  to  be  recorded. 
Whereupon  Margaret  Vance  and  Edward  Doyle  came  into 
Court  and  took  the  oath  of  Executor  and  Executrix  of  the 
Estate  of  the  Said  John  deceased,  and  Entered  into  Bond 
accordingly. 

Ordered  that  Edward  Rice  William  McKee,  Edmund  Lind- 
sey  and  James  Blackson  or  any  three  of  them  they  being  first 
sworn  do  appraise  the  Estate  of  John  Vance  and  make  return 
to  next  Court. 

Oliver  Miller  and  William  Crawford  Gent  Present. 

John  Stephenson  Gent,  named  in  the  Commission  of  the 
peace  came  into  Court  and  took  the  Oath  of  Justice  of  the 
peace,  aforesaid. 

Archibald  Hall 

V  Then    came    the    Plaintiff,    and    Bazil 

Thomas  Bonfield     Brown  Personally  appeared  in  Court  and 

(6i)     undertook  for  the  Defendant  that  in  Case  he  shall  be  cast  in  this 

suit  he  Shall  pay  and  Satisfy  the  Condemnation  of  the  Court  or 

render  his  body  to  prison  in  Execution  for  the  same,  or  he  the 

said  Bazil  Brown  would  do  it  for  him. 

Whereupon  the  said  Defendant  prays  and  has  leave  to  imparl 
untill  nixt  Court,  when  he  is  to  plead,  &c. 

Joseph  Cox 

V  Then  came  the  Plaintiff,  and  Thos  Bond- 

John  Williams  field  personally  appeard  in  Court  and  un- 
dertook for  said  Defendant  that  in  Case  he  was  cast  in  this 
suit,  he  should  pay  and  Satisfy  the  Condemnation  of  the  Court 
or  render  his  Body  to  Prison  in  execution  for  the  same,  or  the 
said  Thomas  Bondfield  would  do  it  for  him.  Whereupon  the 
Defendant  prays  and  has  leave  to  imparl  untill  next  Court  when 
he  is  to  plead 


124  Annals  of  the  Carnegie  Museum. 

Joseph  Cox 

V  Then  came  the  Plff,  and  Francis  Hull 

Theodore  Davis  personally  appeard  in  Court  and  under- 
took  for  said  Defendant  that  in  Case  he  was  Cast  in  this  Suit  he 
should  pay  and  Satisfy  the  Condemnation  of  the  Court  or  ren- 
der his  body  to  prison  in  execution  for  the  same,  or  that  he, 
the  said  Francis  Hull  would  do  it  for  him.  Whereupon  the 
said  Defendant  prays  and  has  leave  to  imparl  untill  next  Court 
when  he  is  to  plead. 

Sale  of  the  Estate  of  Garret  Newgel  deceased  returned  by  the 
Administratrix  and  ordered  to  be  recorded. 

Thomas  Freeman,  Gent,  produced  a  Commission  from  his 
Excellency  the  Governor,  appointing  him  Captain  of  the  Mi- 
litia which  being  read,  the  said  Thomas  came  into  Court  and 
took  the  Oath  of  Captain  of  the  Militia. 

Thomas  Prather,  Levingston  Thomas,  &  Nicholas  Christ, 
produced  Commissions  from  his  Excellency  the  Governor  ap- 
pointing them  Lieutenants  in  the  Militia  of  this  County,  which 
being  read,  the  said  Thomas  Prather,  Levingston  Thomas,  and 
Nicholas  Christ  came  into  Court  and  took  the  Oath  of  Lieuten- 
ants of  Militia. 

Luke  Decker  and  John  Johnson  produced  Commissions  from 
his  Excellency  the  Governor  appointing  them  Ensigns  in  the 
Militia,  for  this  County,  which  being  read  the  said  Luke  Decker 
and  John  Johnson  came  into  Court  and  took  Oath  of  Ensigns 
of  the  Militia. 

Thomas  Cook 

V  Then   came  the  Plaintiff,  and  John 

Levingston  Thomas  Wall  personally  appeared  and  under- 
took that  in  Case  the  Defendant  shall  be  Cast  in  this  Suit,  he 
shall  satisfy  the  Condemnation  of  the  Court  or  render  his  Body 
to  the  Prison  of  this  County  in  Execution  of  the  same,  or  he 
the  said  John  Wall  will  do  it  for  him.  Whereupon  the  said 
Defendant  prays  and  has  liberty  to  imparl  untill  next  Court 
and  then  to  plead. 

John  Decamp  Gent  named  in  the  Commission  of  the 
peace  came  into  Court  and  took  the  Oath  of  Justice  of  the 
peace. 


Minutes  of  Court  of  Yohogania  County.  125 

Bargain  and  Sale  from  Samuel  Heth  to  Patrick  McElroy  for 
300  acres  of  Land,  acknowledged  by  said  Heath  and  ordered  to 
be  recorded. 

Upon  the  Petition  of  John  Rattan,  Ordered  that  Peter  Res- 
ner,  George  Berkhimer,   Nicholas  Christ  and  David  Ritchie, 

(63)  view  a  Road,  the  nearest  and  the  best  way  from  the  house  of 
Edward  Cook  crossing  the  Monongahela  river  at  the  house  of 
John  Rattan  to  Zebulon  Collins  on  the  Road  leading  from  Per- 
kersons  to  Thos  Egertons,  they  being  first  sworn  and  make  Re- 
turn to  next  Court. 

Richard  Yeates  and  Benj  Kirkendal  Gent.  Present. 

Upon  the  information  of  Joseph  Beeler  Gent,  that  a  certain 
Samuel  Wells  and  Johanna  Farrow  doth  at  this  time  and  hath 
for  some  time  past  beat  wounded  and  evilly  treated  Ann  the 
wife  of  the  aforesaid  Samuel.  Ordered  that  the  Clerk  issue  a 
Subpona  to  Call  the  said  Samuel  Wells  and  Johana  Farrow 
before  the  next  Court  to  be  held  for  this  County  to  answer  to 
the  above  charge  and  that  Joseph  Davis  and  Hannah  his  wife, 
John  Crawford  and  Effee  his  wife,  John  Minter,  Moses  White, 
and  Edmond  Lindsey  be  subponed  as  Witnesses. 

Ordered  that  the  Court  be  adjourned  to  tomorrow  morning 
at  7  oClock. 

W.  Crawford. 

March  24th  1778,  the  Court  met  pursuant  to  adjournment. 

Present :  John  Campbell,  Isaac  Cox,  Richard  Yeates,  Joshua 
Wright,  Wm  Crawford,  Oliver  Miller,  Zacheriah  Connell,  John 
Decamp,  Benjn  Fry,  Thos  Freeman,  Gentlemen  Justices. 

Lease  Charles  Norris  to  William  Nation  for  two  hundred 
acres  of  Land  acknowledged  by  said  Norris  party  thereto  and 
ordered  to  be  recorded. 

The  last  Will  and  Testament  of  William  Chaplin  deceased 
was  proved  by  Charles  Bilderback  and  William  Nation  two  of 
the  subscribing  Witnesses  and  Ordered  to  be  recorded. 

(64)  Benj  Kirkindal  present. 

Upon  the  motion  of  James  Wherry  in  behalf  of  Joseph 
Wherry  Plff  against  John  White  Deft  Ordered  that  a  Dedimus 
be  issued  to  take  the  Examination  of  Thomas  McDowell, 
Mathew  Wilson,  and  William  Wilson,  Inhabitants  of  Cumber- 


126  Annals  of  the  Carnegie  Museum. 

land  County  in  the  State  of  Pennsylvania  without  being  directed 
to  any  Particular  Majistrates  of  the  Said  County. 

John  Campbell  Gentlemen  objects  to  the  above  Order. 

John  Stephenson  Gent  present. 

Upon  motion  of  John  Jackson,  Ordered  that  his  mark,  a 
Crop  and  slit  in  the  near  Ear  and  under  slit  in  the  right  Ear  be 
recorded. 

Upon  motion  of  George  Rowler,  Ordered  that  his  Mark,  two 
Swallow  forks  in  the  left  Ear  and  two  half  pennys  in  the  Right 
be  recorded. 

Ordered  that  Lettice  Griffeth  be  appointed  Administratrix  of 
the  Estate  of  Edwd  Griffeth  deceased  she  complying  with  the 
Law.  Whereupon  the  said  Letice  came  into  Court  with  John 
Wall  and  James  Wright  her  Security  and  entered  into  bond  and 
took  the  Oath  accordingly. 

Ordered  that  William  Rice  John  Smith  Nathaniel  Brown  and 
Henry  Daniel  do  appraise  all  the  Goods,  Chatties  and  Credits 
of  Edward  Griffeth  and  make  return  to  next  Court. 

James  McGoldreck,  being  charged  with  pulling  down  and 
demolishing  a  Block  house  erected  by  Orders  of  General  Hand 
for  the  preservation  of  the  Inhabitants  at  Pittsburg,  and  the 
said  James  being  brought  into  Court  Confessed  the  Charge  : 
Ordered,  that  the  said  James  be  held  in  One  hundred  pounds, 
with  two  Securities  of  fifty  pounds  each,  for  the  appearance  of 
the  said  James  before  the  next  Grand  Jury  Court,  otherwise  to 
remain  in  Custody  by  the  Sheriff. 
(65)  John  Campbell  William  Crawford  John  Decamp  Jno  Mc- 
Dowell, Benjamin  Fry  and  Benjn  Kirkindal  Gent,  Absent 

George  Vallandingham  Gent,  Present. 

Bill  of  Sale.  Susannah  Nugent  to  Mordecai  Richards  proved 
by  the  Oaths  of  Michael  Teggart,  and  Richard  Richards,  two 
of  the  Subscribing  Witnesses  and  ordered  to  be  recorded. 

Richard  Yeates  Gent  objects  to  this  Order. 

Bargain  and  Sale.  Thomas  Marshall  to  James  Parker  for  a 
certain  tract  of  Land  on  the  waters  of  Chirteers.  Acknowl- 
edged by  said  Marshall  party  thereto,  and  ordered  to  be 
recorded . 

Bargain  and  Sale.  William  Poston  to  James  Ellis  for  a 
Survey  proved  by  the  Oath   of  Benjamin    Collins  one  of  the 


Minutes  of  Court  of  Yohogania  County.      127 

Subscribing  witnesses.  Ordered  that  a  Dedimus  do  issue  to 
take  the  Examination  of  Catherine  Collins  a  Subscribing  Wit- 
ness to  the  above  Bill  of  Sale. 

Daniel  Jacobs  came  into  Court  and  took  the  Oath  of  Lieu- 
tenant of  the  Militia. 

Michael  Martain  produced  a  Commission  from. his  Excellency 
the  Governor  appointing  him  Lieutenant  of  Militia  which  being 
read  as  usual  the  said  Michael  came  into  Court  and  took  the 
Oath  of  Lieut  of  the  Militia. 

Michael  Martain  enters  himself  Defendant  in  an  Action  of 
Ejectment  at  the  Suit  of  the  Lesse  of  John  Washington,  in  the 
room  of  the  Casual  Ejector. 

James  McGoldreck  with  Michael  Tygert  and  Robert  Hender- 
son his  Suretys,  the  said  James  in  the  sum  of  ;£ioo  and  the 
said  Sureties  in  ^50  each,  for  the  appearance  of  the  said  James 
before  the  next  Grand  Jury  Court. 

Bargain  and  Sale  James  Roberts  to  Thomas  Dickerson  ac- 
knowledged by  said  Roberts  and  ordered  to  be  recorded. 
(66)  Enoch  Springer  and  Cornelius  Manning  being  summoned  as 
Garnishees  at  the  Suit  of  William  Dunnaighan  against  Ben- 
jamin Newgent  came  into  Court  and  deposed  that  the  said 
Springer  hath  four  pounds  two  shillings  Pennsylvania  Cur- 
rency, and  the  said  Manning  five  pounds  five  shillings. and 
nine  Pence,  like  money  and  no  more  of  the  Estate  of  the  said 
Benjamin. 

View  of  a  road  from  the  Court  house  to  Pittsburg,  returned 
by  Zadock  Wright  and  Robert  Henderson,  viewers  ;  passing 
by  Zadock  Wright's  fields  on  Peters  Creek,  thence  along  the 
dividing  Ridge  passing  the  Widow  Lapsleys,  thence  along  the 
Old  Road  to  Ste^v'art's,  thence  along  the  old  road  to  Jacob 
Bousman's  ;  Ordered  to  be  Confirmed. 

Ordered  that  Zadock  Wright  be  appointed  Overseer  of  the 
Road  from  the  Court  house  to  Martha  Lapsley's ;  Robert 
Henderson,  Overseer  of  the  Road  from  Martha  Lapsley's  to 
Jacob  Judy's;  and  Sebastian  Frederick,  Overseer  of  the  Road 
from  Jacob  Judy's  to  Jacob  Bousman's;  and  that  the  Tythable 
Inhabitants  within  three  miles  on  each  side  of  said  Road  work 
on  and  keep  it  in  repair  together  with  the  Inhabitants  of  the 
town  of  Pittsburg. 


128  Annals  of  the  Carnegie  Museum. 

William  Brashiers 

V  In  Case.     Then  came  the  Plff,  Robert 

Robert  Hamilton  Hamilton  having  been  Called  failed  to  ap- 
pear. Then  came  a  Jury  to  wit.  Gabriel  Cox  John  Hogland, 
James  Wright,  Nicholas  Christ,  Banjamin  Vannatre,  Jacob  Bause- 
man,  William  Christy,  Pearce  Noland,  Benjamin  Collens,  Patrick 
McElroy,  Zadock  Wright  and  David  Ritchie,  who  say  they  find 
for  Plff  Two  hundred  pounds  damages  with  Costs  of  Suit. 

Bargain  and  Sale.     Isaac  Cox  to  John  McDowell  for  one 
(67)     thousand  Acres  of  Land  in  Kentucke  County,  acknowledged 
by  the  said  Cox  and  ordered  to  be  recorded. 

William  Goe  Gent.     Present. 

Bargain  and  Sale.  Isaac  Cox  to  Garrat  Vineman  for  five 
hundred  acres  of  Land  in  Kentucke  County,  acknowledged  by 
said  Cox  and  ordered  to  be  recorded. 

Bill  of  Sale.     John   Campbell  to  Ignace  Labat  for  a  house 
and  Lot  in  the  town  of  Pittsburg,  acknowledged  by  said  Camp- 
bell and  ordered  to  be  recorded. 

Elizabeth  Burris 

v  Then   Came    the  Plaintiff,  and   John 

Nahomy  Tapman  Lydia  Personally  appeared  in  Court  and 
undertook  for  the  Defendant  that  in  Case  he  shall  be  cast  in 
this  Suit  she  shall  Satisfy  and  pay  the  Condemnation  of  the 
Court  or  render  her  body  to  prison  in  Execution  for  the 
same  or  he  the  said  John  Lydia  would  do  it  for  her.  Where- 
upon the  said  Nahomy  prays  and  has  leave  to  imparl  untill 
next  Court  and  then  to  plead. 

Mary  Ferry  and  Samuel  fewalt  are  appointed  Administrator 
and  Administratrix  of  the  Estate  of  Frederick  Ferry  deceased 
they  complying  with  the  law.  Whereupon  the  said  Samuel 
and  Mary  came  into  Court  and  took  the  Oath  and  Entered 
into  Bond  accordingly.  Ordered  that  David  Duncan,  John 
Ormsby,  and  Willm  Christy  and  John  Anderson  or  any 
three  of  them  being  first  sworn  appraise  the  Estate  of  Frederick 
Ferry  deceased  and  make  Return  to  next  Court. 

John  Lydia 

V  Then  came  the  Plff,  and  and  John  Douglass 

Joseph  Cox     personally  appeared  in  Court  and  undertook  for 


Minutes  of  Court  of  Yohogania  County.  129 

the  Defendant  that  in  Case  he  should  be  Cast  in  this  Suit  he 
should  Satisfy  &  pay  the  Condemnation  of  the  Court  or  sur- 
render his  body  to  the  Prison  in  Execution  for  the  same  or  that 
he  the  said  John  Douglass  would  do  it  for  him.     Whereupon 

(68)  the  said  Deft  prays  and  has  leave  to  imparl  untill  Next  Court 
and  then  to  plead. 

James  Murphy 

V  Then  came  the  Plff,  and  John  Wall  per- 

Jacob  Jones  sonally  appeared  in  Court  and  undertook 
for  the  Defendant  that  in  Case  he  Shall  be  Cast  in  this  Action 
he  shall  Satisfy  the  Condemnation  of  the  Court  or  render  his 
body  to  prison  in  Execution  for  the  same  or  that  he  the  said 
John  Wall  will  do  it  for  him.  Whereupon  the  said  Defendant 
prays  and  has  leave  to  imparl  untill  next  Court  and  then  to 
plead. 

John  Whitaker,  a  minister  of  the  Gospel,  came  mto  Court 
and  took  the  Oath  of  Allegience  &  fidelity,  as  directed  by  an 
act  of  General  Assembly,  intituled  an  Act  to  Oblige  the  free 
male  Inhabitants  of  this  State,  above  a  certain  Age,  to  give 
Assurance  of  Allegience  to  the  same  and  for  other  purposes. 

Bargain  and  Sale.  Thomas  Cook  &  Michael  Thomas  to 
John  McMullen  for  three  hundred  and  thirteen  Acres  of  Land 
acknowledged  by  said  Cook  and  Michael  Thomas  and  ordered 
to  be  recorded. 

Bargain  and  Sale.  Thomas  Egerton  to  John  McDowell, 
proved  by  the  Oath  of  Isaac  Leet,  James  Bradford  and  James 
Allison  and  Ordered  to  be  recorded. 

The  last  Will  and  Testament  of  James  Pearce  deed  was 
proved  by  the  Oath  of  James  Wall,  Joseph  Warner  and  Walter 
Wall,  Subscribing  Witnesses  thereto  and  ordered  to  be  recorded 

Bazil  Brown  In  Case 

V 

Robert  Hamilton  Then  Came  the  Plaintiff  and  then  came 
also  a  Jury,  to  wit  Gabriel  Cox  John  Hogland,  James  Wright, 

(69)  Nicholas  Christ,  Benjamin  Vannatre,  Jacob  Bousman,  Wijliam 
Christy,  Pearce  Nowland,  Patrick  McElroy,  Zadock  Wright, 
David  Ritchie  and  John  Wall,  who  being  sworn  say  they  find 
for  the  Plff  thirty  pounds  damages  with  Costs  of  Suit. 


130  Annals  of  the  Carnegie  Museum. 

David  Duncan  a  Garnishee  in  behalf  of  John  Campbell 
against  George  Croghan,  came  into  Court  and  says  on  Oath 
that  he  hath  in  his  hands  One  hundred  and  Seventy  nine  Bush- 
ells  and  three  pecks  of  Corn  for  which  he  has  agreed  to  pay 
one  Dollar  per  Bushell  and  no  more  of  the  Estate  of  the  said 
George  in  his  hands. 

William  Dunaughagain  having  obtained  an  Attachment 
against  the  Estate  of  Benjamin  Nugent  for  three  hundred  and 
forty  seven  Pounds  ten  shillings  Pennsylvania  Money  and  the 
Sheriff  having  returned  that  he  had  levied  the  Said  Attachment 
in  the  hands  of  Enoch  Springer  and  Cornelius  Manning  and 
summoned  them  as  Garnishees  who  this  day  came  into  Court 
and  say  that  they  have  Nine  pounds,  fifteen  Shillings  and  nine 
pence  Pennsylvania  Currency  in  their  hands  and  no  more  of 
the  Estate  of  the  said  Benjamin  in  their  hands  and  the  said 
Benjamin  failing  to  appear  and  replevy  the  said  Attached  Ef- 
fects tho  Solemnly  Called  the  said  William  produced  a  Bond 
against  the  said  Benjamin  for  the  aforesaid  Sum  of  three  hun- 
dred and  forty  seyen  pounds  ten  shillings  Current  Money  of 
Pennsylvania.  It  is  considered  by  the  Court  that  the  sd 
William  recover  against  the  said  Benjamin  the  sum  of  two  hun- 
dred and  seventy  eight  pounds  Current  Money  with  Interest 
from  the  first  day  of  October  1777  untill  paid  with  Costs. 
Ordered  that  the  Sheriff  Collect  the  said  money  from  the  said 
Garnishees  and  pay  it  towards  Satisfying  this  Judgment  and 
make  return  of  his  proceeding  to  this  Court. 

Ordered  that  a  Dedimus  issue  for  the  Examination  of  Eleanor 
Ackerson  witness  between  John  Lydia  and  Joseph  Cox 
(70)         Ordered  that  Casper  Sickler  be  allowed  two  days  attendance 
as  a  Witness  attending  Court  in  the  suit  of  William  Brasheers 
V  Robert  Hamilton. 

Ordered  that  Thomas  Talbert  be  allowed  twelve  days  as  a 
witness  in  said  Suit. 

Ordered  that  a  Dedimus  issue  for  the  Examination  of  John 
Crow  a  Witness  in  the  Suit  of  Hugh  Braudy  against  Jacob 
Feagley 

Upon  the  motion  of  Thomas  Applegate  on  behalf  of  Cathe- 
rine Dablin  now  a  Servant  to  the  said  Thomas  that  a  certain 
Peter  Brandon  of  the  town  of  Pittsburg  now  unjustly  detains  an 


Minutes  of  Court  of  Yohogania  County.  131 

Infant  Girl  born  of  the  body  of  the  said  Catherine.  Ordered 
that  the  said  Peter  Brandon  deliver  the  said  Infant  Girl  to  the 
said  Thomas  Appelgate  who  is  ordered  to  bring  the  Said  Infant 
Girl  here  before  the  next  Court  to  be  held  for  this  County. 

Mathew  Ritchey  Gent  Present. 

Ordered  that  a  Dedimus  issue  for  the  Examination  of  Casper 
Sickley  a  Witness  in  Behalf  of  William  Brashiers  against  Robert 
Hamilton. 

Upon  Motion  of  Thomas  Hamilton  in  behalf  of  Robert 
Hamilton  praying  a  New  Tryal  and  farther  Hearing  in  the 
Suit  of  William  Brashiers  against  Robert  Hamilton.  It  is  the 
Opinion  of  the  Court  that  the  Said  Suit  be  reheard 

William  Brashiers 

V  Then  came  the  Plaintiff,  and  personally 

Robert  Hamilton  appeared  Thomas  Hamilton  and  under 
took  for  the  Defendant  that  in  Case  he  shall  be  cast  in  this  Suit 
he  shall  Sstisfy  and  pay  the  Condemnation  of  the  Court  or  render 
his  body  to  prison  in  Execution  for  the  same  or  he  the  said 
(71)  Thomas  would  do  it  for  him,  Whereupon  the  Defendant  prays 
and  has  leave  to  imparl  till  next  Court  and  then  to  plead. 

Ordered  that  the  Court  be  adjourned  to  tomorrow  morning 
7  oClock. 

John  Canon. 

March  25th  1778  —  The  Court  met  Pursuant  to  adjournment. 

Present :  John  Campbell,  William  Crawford,  Richard  Yeates, 
John  Decamp,  John  Stephenson,  Joshua  Wright,  John  Mc- 
Dowell, Zacheriah  Connell,  Gentlemen  Justices. 

Upon  the  motion  of  Thomas  Hamilton  in  behalf  of  Robert 
Hamilton  praying  a  new  Tryal  and  farther  hearihg  of  the  suit 
of  Bazil  Brown  it  is  the  Opinion  of  the  Court  that  the  Said  Suit 
be  reheard. 

Bazil  Brown 

V  Then  came  the  Plaintiff,  and  Thomas 

Robert  Hamilton  Hamilton  personally  appeared  in  Court 
and  under  took  for  the  said  Defendant  that  in  Case  he  shall  be 
cast  in  this  Suit  he  shall  pay  and  satisfy  the  Condemnation  of 
the  Court  and  Costs  of  Suit  or  render  his  body  to  prison  in 


132  AxxALs  OF  THE  Carxegie  Museum. 

Execution  for  the  same  or  that  he  the  said  Thos  Hamilton 
would  do  it  for  him.  Whereupon  the  said  Defendant  prays 
and  has  leave  to  imparl  untill  next  Court  and  then  to  plead. 

Ordered  that  a  Dedimus  do  issue  to  take  the  Examination  of 
Casper  Sickler  a  witness  in  behalf  of  Bazil  Brown  against  Robert 
Hamilton. 

Present :  Isaac  Cox,  Wm  Goe  Oliver  Miller  Mathew  Ritchey 
Saml  Newell  Thos  Freeman,  Benjn  Kerkendal,  John  Cannon, 
&  George  Valandingham,  Gent  Justices. 

(72)  Ordered  that  John  Stephens(Mi  and  Isaac  Cox  be  recom- 
mended as  proper  persons  to  serve  as  Colonels  of  the  Militia, 
Joseph  Beeler  and  George  Valandingham  as  Lieutenant  Colonels 
and  William  Harrison  and  Gabriel  Cox  as  Majors  of  Militia. 

William  Christy  came  into  Court  being  summoned  as  Gar- 
ni.shee  in  behalf  of  John  Campbell  and  Joseph  Simon  against 
George  Croghan  ;  being  sworn,  saith  that  he  hath  two  pair  of 
Geers,  one  old  ax,  one  old  Spade,  one  pitch  Fork  one  small 
box  of  Iron  and  an  old  Lanthom,  and  no  more  of  the  Estate  of 
said  George  in  his  hands. 

John  Stephenson  &  Isaac  Cox  produced  Commissions  from 
his  Excellency  the  Governor  appointing  them  Colonels  of  the 
Militia  which  being  read  the  said  John  and  Isaac  came  into 
Court  and  took  the  Oath  of  Colonels  of  Militia. 

John  Campbell,  William  Crawford  Zachy  Connell,  John 
Cannon,  John  Stephenson,*  John  Decamp,  Gent,  absent. 

Gabriel  Cox  produced  a  Commission  from  his  Excellency 
the  Governor,  for  appointing  him  Major  of  Militia,  which 
being  read  the  said  (iabriel  came  into  Court  and  swore  into 
said  Commission 

George  Vallandingham  produced  a  Commission  from  the 
Governor  appointing  him  Lieut.  Colonel  of  the  Militia,  which 
being  read  the  said  George  Vallandingham  came  into  Court 
c\:  Swore  to  his  Commission 

Charles  Reed  came  into  Court  and  produced  a  Commission 
from  his  Excellency  the  Governor  appointing  him  Lieutenant 
of  Militia,  which  being  read  the  said  Charles  came  into  Court 
and  Swore  to  said  Commission. 

David  Lefergee  produced  a  Commission  from  his  Excellency 

(73)  the  Governor  appointing  him  Ensign  of  the  Militia  Whereupon 
the  said  David  came  into  Court  and  Swore  to  his  Commission. 


Minutes  of  Court  of  Yohogania  County.  133 

Edmund  Baxter  produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Captain  of  the  Militia.  Where- 
upon the  said  Edmund  came  into  Court  and  swore  into  his 
Commission. 

Samuel  Smith  produced  a  Commission  from  his  Excellency 
the  Governor,  which  being  read  the  said  Samuel  came  into 
Court  and  Swore  into  his  Commission. 

Upon  the  Petition  of  Samuel  Cook,  setting  forth  that  he  is 
desirous  of  building  a  Water  Mill  on  Brushy  Run,  a  Branch  of 
Chirteers  Creek  ^  and  praying  for  an  Order  for  the  Condemna- 
tion of  one  acre  of  Land  on  the  opposite  side  of  said  Run  to 
said  Cooks  Land  :  Ordered  that  the  Sheriff  summon  a  Jury  of 
Twelve  Free  holders  of  the  Vicinage,  to  meet  on  the  Said  Land 
petitioned  for  and  they  being  first  sworn  shall  diligently  view 
the  said  Lands  and  Lands  adjacent  thereto  on  both  sides  of  the 
Run  together  with  the  Timber  and  other  conveniences  thereon, 
with  the  true  value  of  the  Acre,  and  of  the  damages  done  to 
the  party  holding  the  same,  and  report  the  same  to  the  next 
Court  under  their  hands  and  seals 

Ordered  that  a  Dedimus  issue  to  take  the  Examination  of 
Hatton  Wells  in  behalf  of  Zacheriah  Connell  against  Samuel 
Wells. 

Oliver  Miller  Gent  returned  ten  Shillings  received  from 
Thomas  Pritchard  &  Philip  Dougherty  for  swearing  two  pro- 
fane Oaths  Ordered  that  the  Sheriff  receive  the  said  Money 
and  account  with  the  Court  at  the  laying  of  the  levy. 

Bargain  and  Sale,  from  John  Harry  to  Robert  Henderson  for 
a  tract  of  Land  acknowledged  by  the  said  Harry  and  ordered  to 
be  recorded. 

John  Greathouse  is  appointed  Administrator  of  Daniel  Great- 
(74)  house  deceased  he  complying  with  the  Law,  Whereupon  the 
said  John  Came  into  Court  with  Thos  Cook  and  Samuel  Smith 
his  Securities,  entered  into  Bond  and  Oath  accordingly. 

Ordered  that  Nathaniel  Tomblinson  Benjamin  Tomblinson, 
John  Baxter  and  Edmund  Baxter  or  any  three  of  them  appraise 
the  Estate  of  Daniel  Greathouse  deceased  and  make  report  to 
next  Court. 

1  Can  this  be  the  Brush  Run  emptying  into  Chartiers  Creek  within  a  mile 
below  Canonsburgh  ? 


134  Annals  of  the  Carnegie  Museum. 

Enoch  Springer  is  appointed  Administrator  of  the  Estate  of 
l^muel  Davis,  he  complying  with  the  I -aw.  Whereui)on  the 
said  Enoch  with  John  Springer  his  Security  came  into  Court 
and  entered  into  Bond  and  Oath  accordingly 

Ordered  that  Benjamin  Reno,  Christopher  Miller  Thomas 
Redman  &  Samuel  Rice  or  any  three  of  them,  they  l>eing  first 
sworn  to  appraise  the  Estate  of  I^muel  Davis  deceased,  and 
make  rei)ort  to  next  Court. 

William  Christy  is  ap[X)inted  Administrator  of  the  Estate  of 
Francis  Brown  deceased,  he  complying  with  the  Law.  Where- 
upon the  said  Christy  came  into  Court  with  Samuel  Evalt  his 
Security  and  entered  into  bond  and  oath  accordingly 

Ordered  that  Jacob  Bousman,  Samuel  Evalt,  David  Duncan 
and  John  ( )rmsby  or  any  three  of  them  being  first  sworn  to  ap- 
praise all  the  goods  Chatties  and  Credits  of  Francis  Bro^Ti  de- 
ceased and  make  Return  to  next  Court. 

On  motion  of  Charles  Reed,  ( )rdered  that  his  Mark  a  Crop  in 
the  left  Ear  and  a  Crop  and  Slit  in  the  right  Ear  be  recorded. 

On  Motion  of  John   Hall,  Ordered  that  his  Mark,  a  slit  in 
the  left  Ear  and  a  Crop  in  the  right  VIslt  be  recorded 
(75)         V[)on  Motion  of  Thomas  Applegate,  Ordered  that  his  Mark 
a  Croj)  and  hole  in  the  near  I'^r  be  recorded. 

Thomas  (iisl 

v  Then  came  the  PIff,  and   Isaac   Pearce 

Richard  Waller  personally  aj>peared  in  Court  and  under- 
took for  the  defendant  that  in  Case  he  shall  l)e  cast  in  this  Suit 
he  shall  pay  and  Satisfy  the  Condemnation  of  the  Court  or 
render  his  bo<ly  to  prison  in  Execution  for  the  Same,  or  that  he 
the  said  Isaac  Peart  e  would  do  it  for  him.  Whereupon  the 
Defendant  prays  and  has  leave  to  imparl  unlill  next  Court  and 
then  to  plead. 

The  Commonwealth 
\' 

Ja(ol)  Shilling'  (atriminalj  beinij  charged  with  a  dissafection 
to  the  Common  Wealth. 

Then  tame  the  Defendant,  who  ]»leads.  Not  (iuilty  :  Where- 
upon (\nne  a  Jury,   to  \\\\  :    Patrick    M<  Kirov,    lia/il    Brown. 


Minutes  of  Court  of  Yohogania  County.  135 

Benjamin  Vanatre,  John  Custard,  James  Ellison,  Pierce  Noland, 
William  Marshall,  Sen  ;  William  Marshall  Jun,  John  Munn, 
John  Greathouse,  Robert  Henderson  &  John  Morrison ;  who 
say  that  the  Prisoner  is  Not  Guilty. 

Inventory  of  the  Estate  of  Jeremiah  Wood,  deceased,  returned 
by  the  appraisers  &  ordered  to  be  recorded. 

Thomas  Gist 

V  Then  came  the  Plaintiff,  and  Isaac  Pearce 

John  Hall  personally  appeared  in  Court  and  undertook 

for  the  Defendant,  that  in  Case  he  shall  be  cast  in  this  Suit  he 
shall  satisfy  and  pay  the  Condemnation  of  the  Court  or  render 
his  body  to  prison  in  Execution  for  the  same  or  that  he  the  said 
Isaac  Pearce  would  do  it  for  him.  Whereupon  the  Defendant 
prays  and  has  leave  to  imparl  untill  next  Court  and  then  to 
plead. 

Charles  Bilderback  produced  a  Commission  from  his  Excel - 
(76)     lency  the  Governor,  appointing  him  Ensign  of  the    Militia. 
Whereupon  the  said  Charles  came  into  Court  and  swore  into 
said  Commission. 

Isaac  Pearce  produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Captain  of  the  Militia.  Where- 
upon the  said  Isaac  Came  into  Court  and  Swore  to  said  Com- 
mission 

Josiah  Springer  produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Captain  of  the  Militia.  Where- 
upon the  said  Josiah  came  into  Court  and  swore  to  said  Com- 
mission. 

George  Redman  produced  a  Commission  from  his  Excellency 
the  Governor,  appointing  him  Lieutenant  of  Militia.  Where- 
upon the  Sd  George  came  into  Court  and  swore  to  said  Com- 
mission . 

Elijah  Pearce  produced  a  Commission  from  his  Excellency 
the  Governor,  appointing  him  Lieutenant  of  Militia.  Where- 
upon the  said  Elijah  came  into  Court  and  Swore  to  said  Com- 
mission. 

Richard  Waller  produced  a  Commission  from  his  Excellency 
the  Governor,  appointing  him  Lieutenant  of  Militia.  Where- 
upon the  said  Richard  came  into  Court  and  Swore  to  said  Com- 
mission. 


136  Annals  of  the  Carnegie  Museum. 

Ordered  that  a  Bill  of  Indictment  be  preferred  to  the  Grand 
Jury  against  John  Nelson,  for  assalting  John  Johnston  Con- 
stable in  the  Execution  of  his  Office. 

Ordered  that  a  Bill  of  Indictment  be  preferred  to  the  Grand 

Jury  against  Henry  Newkirk  Isaac  Newkirk Carter,  John 

Williams  John  Hull  Thomas  Reed  and  Henry  Hull,  for  refusing 
to  assist  the  Constable  in  the  Execution  of  his  Office  when 
assaulted  in  the  same. 

Bill  of  Sale.  James  Vanatre  to  Henry  Morrison,  proved  by 
the  Oaths  of  John  Munn  &  John  Morrison  the  two  Subscribing 
witnesses  and  Ordered  to  be  recorded. 


(77) 


Robert  McKey 

V 

Moses  Davison  Case   Ordered    to  be   dismissed  at  the 

Plaintiffs  Request. 

Upon  the  motion  of  Thomas  Cook,  Ordered  That  he  have 
leave  to  keep  a  Ordinary  at  his  dwelling  House  the  ensuing 
year,  he  complying  with  the  Law. 

On  motion  of  Jacob  Bousman  Ordered  that  he  have  leave  to 
keep  an  Ordinary  at  his  Dwelling  house,  opposite  the  town  of 
Pittsburgh,  for  the  ensuing  year,  he  complying  with  the  Law. 

Upon  the  motion  of  John  Munn  ordered  that  he  have  leave 
to  keep  an  Ordinary  at  his  Dwelling  house,  the  ensuing  year, 
he  complying  with  the  Law. 

Jacob  Shilling  came  into  Court  &  Swore  the  peace  against 
John  Nelson,  who  is  ordered  to  give  Security  for  his  peaceable 
deportment  and  good  demeanor  for  one  year,  next  ensuing,  the 
said  John  Nelson  held  in  fifty  pounds,  and  Chrisley  Crawbill 
his  Security  in  fifty  pounds. 

Upon  motion  of  William  Christy  Ordered  that  he  have  leave 
to  keep  an  Ordinary  at  his  Dwelling  house  in  the  town  of  Pitts- 
burgh, the  ensuing  year,  he  complying  with  the  Law. 

L'pon  the  motion  of  Josiah  Snowden,  Ordered  that  his  mark 
a  Crop  and  Slit  in  the  left  Ear  and  an  Under  an  iiper  Slit  in 
the  rii;ht  ear  be  recorded. 

C>rdered  that  Jonathan  Rogers,  Thomas  Wilson.  David 
Phillips  William  Nemons,  George  Gillespie  John  White  Junr, 
Benjamin  Wells,  Moses  Bradley,  Nicholas  Harrison,  Jonathan 


Minutes  of  Court  of  Yohogania  County.  137 

Philips,  Bazil  Weeks,  John  Hull  and  Benjamin  Vanatre  be  ap- 
pointed Constables  the  ensuing  year  and  that  they  be  summoned 
to  next  Court  to  qualify  into  said  Office. 

(78)  William  Bruce  and  Thomas  Pollock  produced  Commissions 
from  his  Excellency  the  Governor  which  being  read  the  said 
William  and  Thomas  came  into  Court  and  swore  to  said  Com- 
missions. 

Ordered  that    the   Court   be  adjourned   to  tomorrow   at   7 

oClock. 

John  Canon. 

March  26th  1778,  the  Court  met  according  to  adjournment. 

Present :  John  Cannon,  Richard  Yeates,  Joshua  Wright, 
Samuel  Newell,  William  Crawford,  Gentlemen  Justices. 

Upon  the  Petition  of  John  Johnston  ;  Ordered  that  Gabriel 
Cox,  James  Wright,  Nathaniel  Blackmore,  and  Paul  Froman, 
or  any  three  of  them,  they  being  first  sworn  view  a  road  the 
nearest  and  the  best  way  from  the  Court  house  to  Pentecost's 
Mills  *  on  Chirteers  Creek  and  make  Return  to  Next  Court. 

Benjamin  Jones  v  Patrick  McDonald,  Assault.  P.  C. 

Paulser  Shilling  v  Spencer  Collins,  Trespass  P.  C. 

Dorsey  Pentecost 
v 

Christopher  McDonald  The  Defendant  being  arrested  and 
failing  to  appear,  tho'  Solemnly  called.  On  motion  of  the 
Plaintiff  It  is  ordered  that  unless  the  Defendant  shall  appear  at 
the  next  Court  and  answer  the  plaintiffs  Action  that  Judgment 
shall  be  then  given  against  the  said  Defendant  and  his  Ap- 
pearance Bail  for  the  Damages  in  the  Declaration  mentioned 
&  Costs 

(79)  Zachariah  Connell  v  Abraham  Vaughan  Debt  P.  C. 
David  Wilson  v  Henry  Bowling  Debt  P.  C. 

John  Spivy  v  Samuel  Beeler.     Trespass  P.  C. 

John  Gallaher  &  wife  v  Christian  Sumitt  Slander  P.  C. 

Joseph  Lindsey  v  George  Lang  Debt  P.  C. 

Richard  Swipicks  v  Jacob  Jones.     Case  P.  C. 

Paul  Froman  v  Robert  McCrowdy  Debt  P.  C. 

Frances  Morrison  v  Daniel  Swigart  Debt  P.  C. 

Henry  Martin  v  Samuel  Patterson  Debt  —  Agreed. 

'  Now,  or  late  Beck's  Mills,  or  Linden,  North  Strabane  tp. 


138  Annals  of  the  Carnegie  Museum. 

John  Lawrence 

V 

Thomas  Rogers  The  Defendant  being  arrested  and  failing 
to  appear  tho  Solemnly  Called,  On  Motion  of  the  PlaintfT  It 
is  Ordered  that  unless  the  Defendant  shall  appear  at  the  next 
Court  and  answer  the  Plaintiffs  Action  that  Judgment  shall 
then  be  given  against  the  said  Defendant  his  appearance  Bail 
for  the  Damages  in  the  Declaration  mentioned  and  Costs. 

George  Sekley  v  John  Ramage  Case,  P.  C. 

Susannah  Sekley  v  Robert  McKindley  Case,  P.  C. 

Eli  Williams  v  Philip  Tabor  Debt  Agreed 

Thomas  Freeman  v  J  no  James  &  Saml  Lynch  Case,  P.  C. 

Jacob  Bousman  v  John  Bradley  Case.     P.  C. 

John  Johnston  —      \ 

Mary  Burris  v  Michael  Humble  —  -  Case  P  C 

Abraham  Jones —    3 

James  Johnston  v  Godfrey  Wagoner  Case  P.  C. 

Jacob  Shilling  v  Henry  Newkirk  Case  A.  C. 

Same  v  Same  Debt  A:  C: 

James  Dunaghagan  v  James  Gray  Case  A:  C: 

Paul  Froman  v  John  Dean  Case  A:  C 

Thomas  Cook  v  Richard  Dickerson  Case  A:  C 

William  Thompson  v  John  Fife  Senr  Assault  A:  C 

James  Miller  v  Jacob  Peatt  Case  Agreed. 

Francis  Reno  produced  a  Commission  from  his  Excellency 
the  (Governor  api)ointing  him  Lieutenant  of  the  Militia  which 
being  read  the  said  Francis  Came  into  Court  and  swore  into 
said  Commission 
(80)  Maybary  F-vans  produced  a  Commission  from  his  Excellency 
the  (iovernor  apiK)inting  him  Captain  of  the  Militia  which 
being  read,  the  said  Maybury  came  into  Court  and  Swore  to 
his  Commission 

(ieorge  Waddle  produ(  cd  a  Commission  from  his  Excellency 
the  Ciovcrnor,  apj)ointing  him  Kn>ign  of  the  Militia  which 
l>cing  read  the  s^iid  George  tame  into  Court  and  Swore  to  his 
Comnii:sion. 

Joseph  Van<  c  and  David  Cox  proilutcd  Commissions  from 
his  K\(  cllcn<  y   the  (iovernor  appointing   them  Lieutenants  in 


Minutes  of  Court  of  Yohogania  County.  139 

the  Militia  which  being  read  the  said  Joseph  and  David  came 
into  Court  and  Swore  to  said  Commissions. 

Ordered,  that  the  Wife  of  Robert  Crawford  a  poor  Soldier 
now  in  the  Continental  service,  be  allowed  the  sum  of  four 
pounds  per  month  for  the  support  of  herself  and  three  Children  ; 
and  that  this  Court  do  draw  on  the  Treasurer  of  this  Common 
Wealth  for  the  same. 

Ordered,  that  Sarah  Stewart,  the  wife  of Stewart,  a 

poor  soldier  in  the  Continental  service,  be  allowed  the  sum  of 
three  pounds  per  month,  for  the  support  of  herself  and  two 
Children,  to  commence  the  25th  day  of  January  last,  and  that 
this  Court  do  draw  on  the  Treasurer  of  this  Common  Wealth 
for  the  same. 

Ordered  that  Colo  John  Campbell  pay  unto  Richard  Yeates 
Gent,  the  money  now  in  his  hands-allowed  to  Mrs  Nox  for  her 
and  Childrens  Support  by  a  former  Order  of  this  Court  and  this 
Court  and  the  said  Mr.  Yeates  is  requested  to  deliver  the  said 
money  to  said  Mrs  Nox. 
(81)  Ordered  that  Colo  John  Campbell  pay  to  Benjamin  Fry 
Gentleman  the  money  now  in  his  hand  allowed  the  wives  of 
William  and  Abraham  Ritchey  for  their  and  Children's  Sup- 
port by  a  former  Order  of  this  Court  and  the  said  Fry  is 
requested  to  pay  said  money  to  said  women. 

Joshua  Wright,  Gent,  absent. 

John  Campbell  produced  an  Indenture  from  John  Milligan 
and  Martha  Milligan,  binding  Wm  Milligan  to  Robert  Camp- 
bell untill  he  arrives  to  the  age  of  Twenty  one  years  and  prays 
the  Consent  of  the  Court  to  said  Indenture  which  is  accordingly 
consented  to. 

Ordered  that  John  Minter,  Maybery  Evans,  Nathan  Ellis, 
Edward  Kemp,  Josiah  Record,  and  James  Scott  be  recom- 
mended to  his  Excellency  as  proper  persons  to  serve  as  Captains 
of  Militia  and  John  Mason,  James  Hopkins  Samuel  Newell, 
John  Chamberline  Willm  McCarmick  Richard  Crooks  Nathl 
Blackmore  Francis  Reno,  Robert  Henderson,  Thomas  Lapsley, 
Willm  Everard  George  Long  Thomas  Reed  John  White  Junr 
&  James  Wherry  as  Lieutenants  of  Militia  and  Robert  Newell, 
Michael  Tygert  Lewis  Reno,  George  Wadale  George  Christ, 
Isaac  McMichael  William  Murley,  Edmund  Riggs  Samuel 
Johnston  &  Samuel  Alexander  as  Ensigns  of  Militia. 


140  Annals  of  thk  Carnegik  Museum. 

Josiah  Records  produced  a  Commission  from  his  Excellency 
the  (Governor  appointing  him  Captain  of  the  Militia  which  was 
read  and  sworn  to  accordingly. 
(82)  (Jeorge  Long  produced  a  C'ommis.sion  from  his  Excellency 
the  (iovernor  appointing  him  Lieutenant  of  Militia  which  was 
read  and  sworn  to  accordingly. 

Samuel  Newell  produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Lieutenant  of  Militia  which  was 
read  and  sworn  to  accordingly. 

rpon  the  Motion  of  Zadock  Wright  Ordered  that  his  Mark 
an  under  bit  in  the  right  ear  and  crop  and  slit  in  the  left  ear  be 
recorded. 

(Ordered  that  the  Effects  of  (ieorge  Croghan  in  the  hands  of 
David  Duncan  and  William  Christy  by  them  returned  as  (Gar- 
nishees at  the  Suit  oC  John  Campbell  and  Joseph  Simon  against 
said  Croghan  be  secured  by  the  Sheriff  for  further  proceedings 
thereof,  and  that  an  attachment  issue  against  George  Lighten- 
berger  who  was  summoned  (iarnishee  in  behalf  of  the  Plaintiffs 
in  said  Suit  and  failed  to  appear  to  declare  how  much  and  what 
of  the  Estate  of  the  said  (ieorge  was  in  his  hands. 

Ordered  that  the  Court  be  adjourned  to  the  Court  in  Course. 

W.  Crawford. 

(  To  he  lontinuid.  ) 


ANNALS 


OF   THE 


CARNEGIE  MUSEUM 


VOLUME  II.     NO.  2. 


Editorial. 


The  work  of  the  various  members  of  the  Staff  of  the  Museum  during 
the  spring  and  early  summer  has  yielded  important  and  substantial  re- 
sults in  the  way  of  permanent  accessions  to  the  various  collections. 


The  expedition  to  Costa  Rica  under  the  care  of  Mr.  C.  V.  Hart- 
man  has  resulted  in  the  acquisition  of  a  large  amount  of  very  valuable 
archaeological  material  from  that  country.  Among  the  things  ac- 
quired is  the  splendid  collection  of  objects  of  jade  and  jadeite  formed 
by  Sefior  Don  Jose  Maria  Velasco,  which  for  a  number  of  years  has 
been  on  deposit  in  the  Museum  of  Archaeology  of  the  University  of 
Pennsylvania.  In  addition  to  this  collection  Mr.  Hartman  has  suc- 
ceeded in  purchasing  several  others  of  scarcely  less  importance,  and 
has  made  a  number  of  excavations  at  points  of  interest,  resulting  in  the 
recovery  of  a  great  quantity  of  prehistoric  material,  which  will  tend  to 
supplement  the  display  of  material  obtained  by  the  direct  expenditure 
of  money  in  the  way  which  has  been  mentioned. 


Mr.  Carnegie  with  signal  generosity  has  authorized  the  purchase 
of  the  great  collection  of  European  fossils  in  the  possession  of  the 
Baron  de  Bayet,  of  Brussels.  This  is  one  of  the  largest  and  most  im- 
portant collections  of  its  kind  in  Europe,  and  its  transfer  to  the  Car- 

141 


142  Annals  of  the  Carnegie  Museum. 

negie  Museum  will  tend  to  make  the  institution  a  focal  point  for  pale- 
ontologists who  wish  to  familiarize  themselves  with  the  results  of  the 
labors  of  European  students  in  their  favorite  field  of  research.  The 
Director  of  the  Museum  is  making  arrangements  to  have  the  entire  col- 
lection brought  over  from  Belgium  to  Pittsburgh  in  the  near  future. 


The  expedition  to  Florida  in  quest  of  ornithological  material  under 
the  care  of  Mr.  Todd  resulted  in  the  acquisition  of  over  thirteen  hun- 
dred specimens,  representing  a  great  deal  of  desirable  material. 


Mr.  J.  A.  Shafer,  who  accompanied  Dr.  N.  L.  Britton,  of  the 
New  York  Botanical  Garden,  to  Cuba,  returned  in  the  latter  part  of 
May,  having  remained  somewhat  longer  on  the  island  than  did  the 
leader  of  the  expedition.  The  result  of  the  joint  labors  of  the  two 
collectors  has  been  the  addition  to  the  herbarium  at  Bronx  Park  and 
at  the  Carnegie  Museum  of  about  a  thousand  species  of  plants  in  good 
condition. 

The  fourth  Memoir  of  the  series  now  in  process  of  publication  by 
the  Museum,  before  these  lines  are  printed  will  have  come  from  the 
press  and  been  distributed.  It  is  a  masterly  paper  by  Dr.  William 
Harris  Ashmead,  of  the  United  States  National  Museum,  based  upon 
the  collection  of  South  American  Chalcidoidea  made  by  Mr.  Herbert 
H.  Smith,  and  belonging  to  the  Carnegie  Museum.  Dr.  Ashmead  is 
recognized  as  being  one  of  the  very  foremost  students  of  the  hymen - 
optera  now  living.  We  hope  to  be  able  shortly  to  publish  still  other 
papers  from  his  pen.  He  has  now  in  hand  other  portions  of  the  great 
collections  belonging  to  the  Carnegie  Museum,  and  has  promised  to 
report  upon  them. 

Dr.  Ashmead  comes  very  honestly  by  his  taste  for  scientific  and  lit- 
erary labor.  He  is  descended  from  a  long  line  of  intellectual  and  dis- 
tinguished men.  His  mother  was  the  daughter  of  Thomas  Graham,  a 
lineal  descendant  of  James  Fitz-James  Graham,  the  Earl  of  Montrose, 
or  *  *  Claverhouse, "  whose  name  is  famous  in  Scottish  story.  His 
grandfather,  Thomas  Graham,  was  one  of  the  founders  of  the  public 
school  system  in  the  city  of  Philadelphia.  Another  ancestor,  John 
Kittera,  was  Chief  Justice  of  Pennsylvania  during  the  Revolutionary 


Editorial.  143 

War.  Through  his  paternal  grandmother  he  is  descended  from  Dr. 
George  Lehman,  who  was  staff  surgeon  with  General  George  Wash- 
ington at  Valley  Forge,  Staten  Island,  Perth  Amboy  and  elsewhere. 
He  is  also  descended  from  General  von  Lasher,  who  was  one  of  the 
German  officers  who  rendered  distinguished  services  during  the  Amer- 
ican Revolution  to  the  cause  of  the  colonists.  His  cousin,  Mr. 
William  Ashmead  Bartlett,  of  London,  has  figured  prominently  in 
university  and  political  circles  in  England. 


The  reproduction  of  the  skeleton  of  Diplodocus  camegii  which  Mr. 
Carnegie  has  authorized  for  the  purpose  of  presenting  the  same  to  the 
British  Museum,  is  going  on  as  rapidly  as  can  be  expected.  The 
work  is  one  of  great  difficulty,  and  requires  vast  care  and  patience,  so 
that  all  the  characteristic  features  of  each  bone  may  be  represented 
accurately.  

The  paleontologists  in  the  field  report  themselves  as  being  very 
successful.  Mr.  C.  W.  Gilmore  having  completed  his  labors  in  the 
Freeze-out  Mountains  of  Wyoming,  has  repaired  to  western  Kansas, 
where  he  will  work  during  the  remainder  of  the  summer  in  the  chalk. 
Mr.  Earl  Douglass  is  hard  at  work  in  Montana.  Mr.  Hatcher  has  at 
latest  advices  returned  from  a  geological  reconnoissance  on  the 
southern  borders  of  the  British  territory  adjoining  Montana,  and 
thence  went  into  the  region  of  the  Judith  River.  He  reports  the 
party  as  well  and  prospering,  but  finding  the  weather  disagreeable  and 
inclement.  While  Pittsburgh  has  been  sweltering  under  torrid  skies 
our  explorers  have  been  rained  and  snowed  upon  daily. 


Mr.  O.  a.  Peterson  is  at  work  upon  a  monograph  of  the  fossils  of 
camels,  which  he  has  recently  discovered,  and  one  of  the  skeletons  of 
which  will  this  summer  be  set  up  in  the  laboratory.  The  material 
obtained  last  summer  in  Nebraska  is  very  fine,  and  will  serve  well  to 
illustrate  some  of  the  rarer  and  little  known  species  of  extinct  Cam- 
elidae.  

Professor  Charles  R.  Eastman,  of  Harvard  University,  will  write 
up  and  describe  the  fossil  fishes  contained  in  the  collection  which  has 
just  been  secured  by  Mr.  Carnegie  from  the  Baron  de  Bayet. 


144  Annals  of  the  Carnegie  Museum. 

Professor  A.  E.  Ortmann  has  assumed  his  position  as  Curator  of 
Invertebrate  Zoology  at  the  Carnegie  Museum.  He  reported  for  duty 
on  the  first  day  of  July.  He  is  at  present  engaged  in  making  an  in- 
ventory of  the  collections  contained  in  the  Museum  belonging  to  his 
section  of  labor. 

Mr.  D.  R.  Sumstine  continues  this  summer  the  work  he  began  last 
year  for  the  Museum  in  collecting  the  fungi  of  western  Pennsylvania. 
He  reports  the  discovery  of  several  species  hitherto  new  to  science  and 
undescribed. 

Mr.  Henry  Klages,  of  Jeannette,  Pennsylvania,  is  temporarily 
engaged  as  an  assistant  in  the  section  of  entomology.  He  is  working 
upon  the  South  American  coleoptera,  a  great  many  boxes  of  which 
required  to  be  mounted  for  study. 


Mr.  W.  Norman  Miller  during  the  summer  vacation  is  assisting 
Mr.  J.  A.  Shafer  in  poisoning  and  mounting  the  specimens  recently 
secured  for  the  herbarium.  Mr.  Miller  is  a  student  at  the  University 
of  Pennsylvania. 


V.   NEW  VERTEBRATES  FROM  THE  MONTANA  TERTIARY. 

By  Earl  Douglass. 

During  the  summer  of  1902  explorations  were  continued  by  the 
writer  in  western  Montana  for  the  Carnegie  Museum.  Collections  of 
rock  samples,  and  of  fossil  plants,  invertebrates,  and  vertebrates  were 
obtained  from  the  Oligocene  and  Miocene  formations.  Special  effort 
was  made  to  discover  the  conditions  under  which  the  various  deposits 
were  formed.  While  it  will  require  much  work  and  careful  study  to 
interpret  the  history  of  Tertiary  times  in  this  region,  it  is  nevertheless 
important  to  record  such  data  as  tend  to  elucidate  the  problem.  In 
this  preliminary  sketch  the  writer  wishes  to  give  only  a  few  of  the  lead- 
ing facts,  leaving  a  more  thorough  discussion  of  the  matter  to  a  time 
when  more  extended  explorations  have  been  completed  and  a  careful 
study  of  the  material  already  collected  has  been  made. 

The  fossil  mammals  found  during  the  past  summer  have  not  yet 
been  studied.  Those  described  in  the  present  paper  were  collected  by 
the  writer  in  previous  years  extending  back  as  far  as  1895. 

EOCENE?  ,    .    , 

Sage  Creek  Beds. 

This  formation  occurs  on  Sage  Creek  about  seven  miles  northeast  of 
Lima  in  Beaverhead  County.  Only  four  specimens  were  found  that 
are  of  any  value  in  determining  the  age  of  the  formation.  One  of 
these  (^Heptodon  /)  is  undoubtedly  Eocene.  Two  specimens  that  I 
have  referred  to  Hyrachyus  were  found,  but  one  consists  of  a  solitary 
tooth  ;  and  the  other — a  mandible,  atlas,  and  part  of  a  skull — looks 
like  a  more  modern  form  than  we  would  expect  to  find  associated  with 
Heptodon.  The  last  specimen  —  a  part  of  a  mandible  —  has  all  the 
peculiar  characters  of  the  corresponding  portion  of  Metamynodon  ? 
but  is  very  much  smaller  than  the  White  River  species.  However,  the 
Hyrachyus  skull  was  found  a  few  feet  under  the  specimen  of  Heptodon^ 
and  the  Metamynodon  jaw  a  few  feet  under  the  stratum  that  contained 
the  solitary  tooth  which  resembles  Hyrachyus, 

145 


JcL-^ 


( 

j^^ 


146  Annals  of  the  XTarnegie  Museum. 

Fossils  were  found  in  only  a  restricted  locality.  The  hill  where 
Heptodon  ?  and  the  jaws  of  Hyrachyus  ?  were  found  is  composed  of 
stratified  material,  and  it  contains  quartz  geodes,  tubes  lined  with 
crystals  both  of  calcite  and  quartz,  and  calcified  trunks  and  twigs  of 
trees. 

It  is  hoped  that  these  beds  will  soon  be  more  fully  and  carefully 

explored. 

List  of  Species. 
Heptodon  ? 

Hyrachyus  priscus  Douglass. 

Hyrachyus  ? 

Metamynodon  ? 

OLIGOCENE. 

The  White  River  Formation. 

That  a  great  part  of  the  White  River  deposits  of  Montana  was 
formed  in  water  is  evident.  It  does  not  appear  that  the  water  was,  as 
a  rule,  very  deep.  There  are  undoubtedly  not  only  lake,  but  marsh 
and  river  deposits.  The  evidence  points  to  some  slow  acting  obstruc- 
tion of  the  water,  rather  than  to  a  more  sudden  appearance  of  high 
barriers  making  deep  lakes  which  were  in  course  of  time  gradually 
drained  by  the  cutting  of  a  channel  through  the  barriers.  The  con- 
ditions could  be  better  explained  by  supposing  that  there  was  slow 
and  inconstant  upheavals  or  oscillations  across  the  path  of  drainage. 
When  the  rate  of  elevation  of  the  barrier  was  greater  than  the  rate  of 
deepening  of  the  channel  through  it,  there  would  be  ponding  of  the 
water.  The  excess  of  erosion  would,  if  it  operated  long  enough, 
lower  the  water  level,  thus  making  dry  and  marshland  where  water 
had  been  before.  So  in  the  long  time  in  which  there  was  an  unequal 
rate  of  raising  of  the  barrier  the  conditions  would  be  very  complex. 
The  relation  between  the  rate  of  elevation  of  the  barrier,  sedimenta- 
tion, and  erosion  of  the  channel  were  such  that  the  water  of  the  lakes 
was  not  usually  of  great  depth.  There  are  undoubtedly  not  only 
lake,  but  nearly  all  kinds  of  fresh  water  deposits  as  we  should  expect 
under  such  conditions. 

This  is  only  a  hypothesis  which  remains  to  be  proven  or  disproven, 
but  which  at  the  present  time  seems  to  the  writer  to  best  accord  with 
the  data  at  hand. 

We  find  nearly  everywhere  evidences  of  shallow  water,  such  as  rip- 
ple marks,  bird  tracks,  plant  remains,  shallow  water  mollusca,  etc. 


Douglass  :    Vertebrates  from  Montana  Tertiary.       147 

There  is  much  volcanic  dust  in  the  beds,  some  strata  being 
made  up  almost  entirely  of  this  material.  Of  course  these  beds  of 
pure  dust  must  have  been  transported  from  their  source  by  the 
winds. 

The  arguments  used  by  Matthew  to  prove  that  the  White  River  of 
the  plains  is  not  of  lacustrine  origin  do  not  apply  here. 

1.  The  deposits,  especially  the  finer  ones,  are  commonly  distinctly 
stratified,  often  thinly  laminated,  and  sometimes  splitting  into  papery 
shales.  Distinctly  stratified  beds  can  often  be  traced  for  a  considerable 
distance  and  sometimes  they  are  beautifully  ripple-marked. 

2.  The  fauna  is  not  strictly  a  terrestrial  one.  Abundance  of  fresh 
water  diatoms,  mollusca,  and  fish  are  found. 

3.  The  mammalian  remains  are  usually  fragmentary,  and  occur  near 
hills  and  mountains  of  older  rocks,  which  evidently  formed  the  shore 
of  the  lakes,  or  border  of  the  marshes,  if  such  existed. 

4.  There  is  no  difficulty  in  conceiving  the  obstniction  of  the  waters 
by  orographic  movements  or  by  lava  flows.  For  example,  the  Missouri 
River  from  the  region  of  Helena  northward  to  Cascade  —  a  distance 
of  about  fifty  miles  —  flows  through  a  cafion  in  the  mountain  uplift, 
which  here  crosses  its  course.  For  the  first  twenty-five  miles  there  are 
successions  of  narrow  cafions  and  broader  semi -circular  areas.  In  the 
latter  are  remains  of  Tertiary  deposits,  showing  that  these  valleys  were 
carved  out  during  or  previous  to  Tertiary  times.  But  from  near  the 
place  where  Wolf  Creek  enters  the  Missouri  there  is  a  change,  and  the 
river,  instead  of  cutting  its  way  through  Palaeozoic  strata,  has  carved 
a  uniformly  narrow  cafion  through  eruptive  rock.  Above  this  long 
cafion  we  can  trace  the  Tertiary  deposits,  occupying  present  and  old 
river  valleys  up  the  Missouri  and  Jefferson  rivers  without  obstruction 
of  the  older  rocks  to  the  continental  divide  and  boundary  line  between 
Montana  and  Idaho,  near  the  village  of  Monida.  In  fact  the  old  river 
valley  undoubtedly  passes  through  the  divide  into  Idaho. 

The  occurrence  of  this  great  mass  of  eruptive  rock,  were  it  a  surface 
flow,  would  seem  to  offer  a  ready  explanation  of  the  occurrence  of  the 
fresh  water  sediments  above.  But  much  of  the  rock  is  quite  coarsely 
crystalline,  as  if  cooled  at  a  considerable  depth. 

It  is  true  that  in  no  place  on  the  mountain  sides  has  the  writer 

*  TTie  coarser  material  is  evidently  either  of  delta  or  stream  origin.  The  writer  at 
present  sees  no  reason  for  believing  that  any  great  extent  of  the  deposits  is  purely 
aeolian. 


148  Annals  of  the  Carnegie  Museum. 

found  what  one  could  be  sure  were  old  lake  terraces.  But  this  does 
not  appear  to  be  any  evidence  of  the  absence  of  lakes,  for  in  a  region 
of  comparatively  rapid  erosion,  we  could  hardly  expect  them  to  endure 
so  long. 

Fossil  plants  were  collected  in  several  places  in  the  White  River 
during  the  last  summer.  In  one  locality  in  the  Lower  Madison 
Valley  tracks  of  birds  were  found  on  the  sandstone.  Just  above  were 
beds  of  pure  volcanic  ash  beautifully  ripple-marked. 

The  lower  division  of  the  White  River  —  the  Titanotherium  Beds  — 
east  of  Winston  and  southeast  of  Helena,  attain  a  considerable  thick- 
ness. One  measurement  gave  4500  feet,  another  farther  south  4900 
feet.  Where  this  latter  measurement  was  made  a  fault  occurs,  the 
exact  displacement  of  which  was  not  ascertained  and  it  is  possible  that 
this  might  bring  this  measurement  a  little  nearer  to  the  former  one. 
The  beds  vary  from  nearly  horizontal  to  a  dip  of  53°.  These  measure- 
ments do  not  include  the  whole  thickness  of  the  White  River  here. 
The  Missouri  Valley  makes  a  gap  of  a  couple  of  miles  and  when  seen 
again  across  the  river  the  strata  are  nearly  horizontal  and  have  changed 
in  character.  About  150  feet  of  strata  are  exposed  here.  Adding 
this  to  the  4900  feet  we  have  here  a  measurable  thickness  of  5050. 
How  much  is  lost  by  the  erosion  of  the  river  valley  it  is  not  possible 
to  tell.  The  upper  beds  here  are  like  the  lower  ones  exposed  on  the 
Madison  River.  Above  the  latter,  on  the  Madison,  I  measured  300 
feet  of  mostly  fine,  stratified  deposit. 

There  is  a  possibility  that  the  lowermost  of  these  beds  may  extend 
down  into  the  Eocene,  though  there  is  at  present  no  evidence  of  this. 

At  some  time,  either  previous  to  or  succeeding  the  White  River 
epoch,  the  rivers  of  western  Montana  underwent  much  change,  for  in 
many  places  they  leave  the  older  valleys  which  were  filled,  or  partly 
filled,  with  Tertiary  deposits  and  flow  through  deep  narrow  cafions  in 
the  Archaean  and  Palaeozoic  rocks.  About  ten  miles  below  Whitehall 
the  Jefferson  flows  eastward  through  a  long  canon,  while  both  north 
and  south  are  old  valleys  containing  only  Tertiary  or  later  deposits. 
In  many  places  the  streams  have  left  what  seems  to  be  their  easy, 
natural  course  and  made  their  difficult  way  through  old  granite,  lime- 
stone, and  quartzite  rocks. 

The  beds  in  the  vicinity  of  Helena  contain  much  sand  and  coarser 
material,  waterworn  gravel  brought  from  a  distance,  and  unworn 
angular  fragments  from  the  adjacent  Algonkian  slates  and  quartzites. 


Douglass  :    Vertebrates  from  Montana  Tertiary.       149 

In  the  lower  Madison  Valley,  where  the  upper  beds  are  so  well  ex- 
posed, the  material  is  mostly  fine.^ 

Northeastward  from  Whitehall  the  rock  of  the  Titanotherium  beds  has 
been  much  disturbed  and  metamorphosed,  the  light  colored  clay  and 
«and  being  in  great  part  changed  into  red  and  black  slate  and  quartzite. 
In  one  place  the  strata  are  nearly  vertical.  In  some  places  there  are 
mineral  veins  and  the  rock  has  a  granitic  structure. 

There  is  doubt  that  the  mountains  were  as  high  during  the  White 
]River  epoch  as  at  the  present  time. 

Besides  the  places  where  fossils  had  been  previously  found,  they 
were  discovered  last  summer  at  Cafion  Ferry,  in  the  Prickly  Pear 
valley,  northeast  of  Whitehall,  and  on  the  divide  between  the  Mis- 
souri and  North  Boulder  valleys. 

The  beds  in  Montana  appear  in  the  main  to  represent  the  Titano- 
therium and  Oreodon  Beds  of  South  Dakota. 

List  of  Fossils. 
Fossil  Plants. 

Fish. 

Helodertnoides  tuberculatus  Douglass. 

Ictops  acutidens  Douglass. 

•Gymnoptychus  minor  (Douglass). 

Cylindrodon  fontis  Douglass. 

Sciurus  jeffersoni  Douglass. 

Ischyromys  typus  Leidy. 

FalcBolagus  temnodon  Douglass. 

JPalceolagus  brachyodon  Matthew. 

Hycenodon  minutus  Douglass. 

HycBtiodofi  montanus  Douglass.* 

Litnnenetes  platyceps  Douglass. 

Litnnenetes  ?  anceps  Douglass. 

Trigenicus  socialis  Douglass. 

Oreodon  macrorhinus  Douglass. 

Eucrotapus  helence  Douglass. 

Agriochasrus  minimus  Douglass. 

^  The  exact  horizon  of  these  upper  beds  is  uncertain,  as  no  good  mammals  have 
been  found,  but  they  lie  unconformably  under  the  Loup  Fork.  I  have  always  con- 
sidered them  as  White  River. 

2  Matthew  thinks  this  is  probably  Pseudopterodon.  Bull,  Am.  Mus,  Nat.  Hisl.^ 
May  19,  1903. 


150  Annals  of  the  Carnegie  Museum. 

Agriochcsrus  tnaximus  Douglass. 
Colodon  cingulatus  Douglass. 
Mesohippus  bairdi  Leidy. 
Mesohippus  la  tide  ns  Douglass. 
Hyracodon, 
Titanotherium, 

The  Fort  Logan  Beds. 

The  so-called  Deep  River  Beds  and  their  interesting  mammalian 
fauna  are  well  known  through  the  labors  of  Cope  and  Scott.  There 
is,  however,  much  unavoidable  confusion  continually  arising  from  the 
use  of  one  name  for  two  distinct  horizons.  The  name  **  Deep  River  '  * 
is  used  without  the  adjectives  ''upper"  or  "lower**  and  one  does 
not  always  know  what  is  meant.  Whether  or  not,  as  Scott  thinks 
probable,  one  is  John  Day  (Upper  Oligocene)  and  the  other  Loup 
Fork,  it  is  certain  that  they  have  different  assemblages  of  fossils,  and 
that  each  should  have  a  name  by  which  it  may  be  clearly  distinguished. 
The  river  in  whose  valley  the  Deep  River  beds  occur  is  now  universally 
known  as  Smith  River,  and  this  is  probably  the  true  name ;  though  as 
early  as  1876  Grinnell  and  Dana  called  this  stream  **  Deep  Creek.'* 

However  this  may  be,  I  do  not  think  that  this  should  invalidate  the 
name  so  long  as  the  type  locality  is  beyond  doubt.  The  beds  are  in 
the  valley  of  what  is  now  known  as  Smith  River,  between  the  town 
of  White  Sulphur  Springs  and  old  Fort  Logan  and  between  the  Little 
Belt  Mountains  on  the  east  and  the  Big  Belt  Mountains  on  the  west.* 

Scott ^  first  gave  the  name  **  Deep  River  beds"  as  a  substitute  for 
Cope's  **  Ticholeptus  beds."  Scott  says  in  his  *' Mammalia  of  the 
Deep  River  Beds"  (p.  59):  *' The  upper  beds  which  Grinnell  and 
Dana  called  Pliocene  present  a  very  different  assemblage  of  species. 
Cope's  collection,  so  far  as  I  can  judge,  was  gathered  entirely  from 
these  beds  and  contains  nothing  from  the  lower  horizon."  It  seems 
to' the  writer,  then,  that  the  name  Deep  River  should  be  applied  to 
the  upper  beds  alone. 

For  the  older  formation,  Upper  Oligocene  (John  Day?),  I  propose 
the  name  Fort  Logan  beds,  from  the  old  military  post  a  short  distance 
from  the  best  outcrops.  I  do  not  know  that  this  horizon  is  exactly 
paralleled  by  any  other. 

1  Rep.  of  Reconnaissance  from  Carroll,  Montana,  to  the  Yellowstone  National  Park^ 
made  by  Capt.  Ludlow  in  1875  ;  Washington,  1876,  p.  115. 

2  Princeton  Scientific  Expedition  of  1891.     Prin.  Col.  Bull.,  III.,  p.  88. 


Douglass  :    Vertebrates  from  Montana  Tertiary.       151 

The  following  list  of  fossils  from  this  horizon  is  taken  from  Scott's 
Mammalia  of  the  Deep  River  Beds,  p.    58. 
Cynodesmus  thooides  Scott. 
Steneofiber  montanus  Scott. 
Canopus. 

Miohippus  annectens  ?  Marsh. 
M.  anceps  7  Marsh. 
M,  (^Anchiterium)  equiceps  ?  Cope. 
Mesoreodon  chelonyx  Scott. 
M,  intermedius  Scott. 
Pczbrotherium  sp. 
Hypertragulus  calcaratus  Cope. 

Beds  Doubtfully  Oligocene. 

Besides  the  beds  which  I  have  called  Fort  Logan  and  which  Scott 
suspects  are  John  Day,  the  writer  has,  in  previous  years,  found  locali- 
ties where  the  few  fossils  that  were  found  and  also  the  lithological 
character  of  the  beds  seem  to  indicate  a  formation  intermediate  be- 
tween the  White  River  and  Loup  Fork.  One  locality  in  which  the 
best  material  was  found  is  about  three  miles  east  of  the  town  of  Drum- 
mond  on  the  Hellgate  River.  Only  three  good  specimens  were 
obtained  here  and  none  of  these  can  I  identify  with  species  found  else- 
where. 

The  strata  are  light  colored,  resembling  the  White  River  in  some 

respects,  yet  more  like  part  of  the  Loup  Fork  in  not  being  distinctly 

stratified. 

List  of  Fossils. 

Mesocyon  ?  drummondensis  Douglass. 
Leptomeryx  transmontanus  Douglass. 
Protnerycochcerus  minor  Douglass. 

MIOCENE. 

The  Loup  Fork  Formation. 

In  the  valleys  of  western  Montana  there  are  at  least  three  phases  of 
the  Loup  Fork  —  that  is,  there  are  beds  with  three  different  assem- 
blages of  fossils.  How  much  of  this  is  due  to  actual  difference  of 
time  and  how  much  to  different  conditions  of  preservation  is  difficult 
to  determine.     The  valuable  suggestions,  which  Dr.  W.  D.  Matthew  ^ 

1"  Fossil  Mammals  from  Colorado,"  and  **Is  the  White  River  an  Aeolian  De- 
dosit?'* 


152  Annals  of  the  Carnegie  Museum. 

has  made  concerning  the  habitat  of  extinct  mammals  are  worthy  of  the 
most  careful  thought  and  study. 

In  this  same  region  to-day  there  are  animals  that  live  high  among 
the  rocks  of  the  mountain  peaks.  These  we  would  expect  to  be  ex- 
tremely, rare  in  lacustrine  or  fluviatile  deposits.  Others,  like  some 
species  of  deer,  live  principally  in  the  wooded  mountains  and  drink 
from  mountain  streams.  These  under  present  conditions  would  sel- 
dom be  preserved,  yet,  when  lakes  and  marshes  were  more  extensive, 
and  when  the  valleys  were  not  cultivated,  the  chances  would  be  greater. 

It  is  interesting  to  notice  the  difference  in  habits  of  domestic 
horses  and  cattle,  when  left  to  themselves.  Domestication  has  not 
entirely  changed  their  natures.  In  this  mountainous  region  horses 
will  come  down  to  the  streams  from  the  dry  hills  to  drink  once  in 
one,  two,  or  three  days  according  to  the  weather.  They  come  in 
bands,  usually  in  the  afternoons  of  hot  summer  days,  drink  their  fill, 
and  go  far  back  to  the  hills,  perhaps  miles  from  their  watering  places. 
Cattle  remain  nearer  to  water  as  they  are  not  so  **  well  built  for  speed,** 
come  down  to  streams  and  ponds  to  drink,  and  linger  in  or  near  the 
water  during  the  heat  of  the  day.  They  often  die  near  these  water- 
ing places.  In  swamps  they  get  mired,  and  not  having  the  strength 
to  extricate  themselves,  leave  their  bones  in  a  favorable  place  for  pres- 
ervation. It  is  easy  to  see  which  of  these  animals,  cattle  or  horses, 
under  present  conditions  would  stand  the  better  chance  of  being  pre- 
served in  aqueous  deposits  ;  though  any  animal  going  to  a  watering 
place  during  its  last  sickness  is  very  apt  to  leave  its  bones  near  by. 

Last  summer  the  party  in  charge  of  the  writer  found  a  place  in  the 
Deep  River  beds,  where  skulls  and  portions  of  skeletons  were  abun- 
dant ;  but  with  the  exception  of  turtles  and  some  mammalian  frag- 
ments, they  all  belonged  to  the  Oreodoritidce.  In  one  locality  on  the 
North  Boulder  only  turtles,  camels,  and  horses  were  found.  The  lat- 
ter probably  represents  a  little  later  phase  of  the  Loup  Fork,  yet  no 
one  would  claim  that  in  either  case  the  fossils  were  a  just  representa- 
tion of  the  fauna  of  the  times.  It  is  possible  that  these  Oreodonts 
found  in  marshes,  where  other  mammals  seldom  came,  their  most 
natural  feeding  ground. 

The  Deep  River  Beds. 

For  a  description  of  these  beds  in  their  typical  locality  near  White 
Sulphur  Springs  I  would  refer  to   Scott's  valuable  paper.  The  Mam- 


Douglass  :    Vertebrates  from  Montana  Tertiary.       163 

malia  of  the  Deep  River  Beds,  During  the  last  summer  this  formation 
was  identified  at  Canon  Ferry  on  the  Missouri  River  about  twenty 
miles  east  of  Helena.  Here  many  skulls  of  PromerycochosruSy  Cycio- 
pidiuSy  Merychyus  and  other  Oreodonts  were  obtained. 

What  are  evidently  the  same  beds  were  found  on  the  North  Boulder 
opposite  Cold  Spring  Postoffice.  The  fragments  of  fossils  seen  ap- 
peared to  be  the  same  as  those  obtained  at  Cafion  Ferry ;  but  they 
were  found  during  a  reconnaissance  on  horseback  and  not  collected 
by  the  writer.     The  character  of  the  beds  is  nearly  identical. 

The  Flint  Creek  Beds. 

These  have  not  been  visited  by  the  writer  since  1899.^  Several 
fossil  mammals  were  found  ;  but,  with  one  or  two  exceptions,  they 
cannot  be  identified  with  species  found  in  other  places.  These  ex- 
ceptions are  portions  of  four  skulls  oi  (a)  Falceomeryxy  one  of  which 
is  nearly  complete  with  one  side  of  the  mandible.  There  may  be  two 
species,  but  one  is  undoubtedly  Palceomeryx  borealis  (Cope).  (Jb) 
Mylagaulus  paniensis  is  identified  by  the  premolar  tooth  only,  which 
does  not  differ  from  that  of  the  type.  The  following  is  a  list  of  the 
species : 

Ogmophis  arenarum  Douglass. 

Talpa  ?  platybrachys  Douglass. 

Sciurus. 

Mylagaulus  paniensis  Matthew. 

^lurodon  ?  brachygnathus  Douglass. 

Protohippus  ? 

Hesperhys  vagrans  Douglass. 

Merychyus  smithi  Douglass. 

Poatrephes  paludicola  Douglass. 

Merycochosrus  laticeps  Douglass. 

Procamelus. 

Palceomeryx  borealis'^  (Cope). 

These  were  all  found  near  the  village  of  New  Chicago  in  Granite 
County. 

The  typical  exposure  forms  a  line  of  bluffs  100  to  150  or  more  feet 

^StQ  Am.  Journ.  Sc,  Vol.  10,  Dec,  1900,  p.  428. 

*  There  is  some  doubt  that  this  is  Palceomeryx ^  but  I  see  no  conclusive  evidence 
that  it  is  not ;  so,  until  the  matter  can  be  settled,  it  is  best  to  include  the  American 
specimens  with  the  European  genus. 


154  Annals  of  the  Carnegie  Museum. 

in  height  on  the  west  side  of  the  valley  of  Flint  Creek,  beginning 
about  one  mile  north  of  the  village  of  New  Chicago  and  extending 
southward  several  miles.  The  fossils  were  obtained  within  two  or 
three  miles  of  the  village. 

The  Madison  Valley  Beds. 

The  Loup  Fork  beds  of  the  Lower  Madison  Valley  are,  in  great  party 
at  least,  of  stream  valley  origin.  By  this  I  mean  such  deposits  as  usually 
accumulate  in  valleys  of  rivers  and  smaller  streams,  including  channel 
deposits,  mud  flats,  sand  bars,  flood  plains,  ponds,  and  small  lakes. 

The  material  is  principally  sand,  sandy  clay,  and  gravel,  partly  with- 
out extensive  uniformity  of  stratification.  Yet  in  part  the  beds  are 
well  stratified.  This  is  especially  true  of  those  of  pure  volcanic  ash, 
and  it  seems  almost  certain  that  at  times  during  the  Loup  Fork  there 
were  quite  extensive  marshes,  or  lakes. 

During  last  season  these  beds  were  identified  in  the  Missouri  Valley 
east  of  Winston  by  mammalian  fossils.  The  remains  of  camels  (^Pro- 
camelus)  and  horses  i^Proiohippus)  were  found  on  the  north  Boulder 
Creek  in  beds  that  undoubtedly  belong  to  this  division  of  the  Loup  Fork. 

An  abundance  of  fossil  leaves  was  found  both  in  the  Lower  Madison 
Valley  and  east  of  Winston. 

Partial  List  of  Species. 
Sciurus  arctomyoides  Douglass. 
Palcearctomys  montanus  Douglass. 
PalcBarctomys  macrorhinus  Douglass. 
Mylagaulus  ?  pristinus  Douglass. 
Mylagaulus  ?  proximus  Douglass. 
Mustela  minor  Douglass. 
^lurodon  sp. 

Dinocyon  ossifragus  Douglass. 
Aphehps  ceratorhinus  Douglass. 
Protohippus, 

Hippotherium  isonesum  Cope. 
Merycochcertis  altiramus  Douglass. 
Merycochcerus  ynadisonius  Douglass. 
Gomphotherium  {Protomeryx  ?)  serus  Douglass. 
Protolabis  montanus  Douglass. 
Procamelus  madisonius  Douglass. 
Procamelus  lacustris  Douglass. 
Blastomeryx  gemmifer  Cope. 


Douglass:    Vertebrates  from  Montana  Tertjary.       153 

Merycodus  necatus  Leidy. 
Merycodus  }  agilis  (Douglass). 
Palixomtryx  americanus  Douglass. 
Paiaomeryx  borealis  (Cope). 


These  beds  overlie  the  White  River  and  occupy  the  top  of  the  trian- 
gular bench  between  the  Madison  and  Gallatin  rivers  from  the  vicinity 
of  Logan  on  the  north,  nearly  to  Elk  Creek  on  the  south  ;  also  the 
tops  of  the  high  bench  west  of  the  Madison  River. 

Descriptions  of  New  Genera  and  Species. 
All  the  fossils  described  in  this  paper  were  collected  by  the  writer, 
unless  otherwise  stated.     The  drawings  were  made  by  Mr.  S.  Pren- 
tice.    The  numbers  given  to  the  specimens  are  the  Carnegie  Museum 
numbers. 

EOCENE?     (Sage  Creek  Beds.^ 
PERISSODACTYLA. 

HErxODON  ? 

No.  717.  Fig.  I. 

Part  of  a  superior  maxillary  with  the  last  premolar  ai.^  tnc  three 
molars  ou  the  left  side.     From  the  Sage  Creek  beds  northeast  of  Lima. 

It  is  doubtful  whether  this  should  be 
assigned  to  the  genus  Heptodon  or  to 
Systenwdon.  Taking  Dr.  Wortman's 
distinguishing  characters  of  the  teeth 
it  is  intermediate  between  the  two. 
A  comparison  with  the  specimens  in 
the  American  Museum  of  Natural 
History  confirms  this,  but  it  seems 
to  be  nearer  to  Heptodon  than  to 
Syslemodon,  appearing  to  be  some 
more  primitive  form  of  that  genus. 

The  cross  crests  are  low.  The  pos-  fic.  i.  Ihpiodon  ?  (717),  Sage 
terior  outer  cusp  in  M^  is  flat  and  Creek  Beds.  Natural  size.  a.  Part 
pushed  far  inward,  making  the  meta-  °f  1=''  ■"^^i'l^T  wi'h  ''"•  premolar 
,      ,  ,  1   .,      .      .1  1       and  three  molars,     i.  Crown  view  of 

loph  very  short,  and  the  tooth  nearly         ,     , 

r  1  '  '     leeih  of  same, 

an  equilateral  triangle  in  outline  as 

seen  from  above.     In  M^  the  posterior  outer  cone  is  a  trifle  convex 
outwardly,  though  it  is  slightly  concave  near  the  posterior  edge.     In 


156  Annals  of  the  Carnegie  Museum. 

Mi  this  element  of  the  tooth  is  decidedly  convex  and  nearly  on  an 
antero-posterior  line  with  the  anterior  outer  cone.  P^  had  but  one 
cross-crest.  The  tooth  •stands  obliquely,  the  inner  portion  being 
farther  forward. 

Measurements. 

Mm. 
Height  of  the  lower  border  of  orbit  above  alveolar  border  at  M^..  i8 

Length  of  P^ 7.5 

Width    "    •*  10.5 

Length  of  Mi 8.5 

Width    **   *•  10.5 

Length  of  M* 10 

Length  of  M^ ii 

Width 12 

Height  of  crown  of  M* 3.3 

From  Sage  Creek  about  seven  miles  northeast  of  Lima. 

^'    ,     • 

C>^^  Hyrachyus  ?  Priscus  sp.  nov. 

No.  784.     Fig.  2. 

The  type  includes  the  greater  part  of  the  mandible  with  all  the 
post -canines  except  Py,  the  anterior  part  of  the  skull  with  incisors 
and  premolars,  and  the  atlas.  It  was  found  a  few  feet  below  the 
specimen  of  Heptodon  ?  just  described. 

The  premaxillaries  are  rather  slender  and  entirely  separated.  The 
diastema  between  the  canine  and  the  first  premolar  moderately  long ; 
Pi  small ;  premolars  increasing  rapidly  in  size  posteriorly  ;  P^  begin- 
ning to  assume  the  molar  pattern  —  that  is,  the  inner  lobe  is  beginning 
to  divide,  though  no  such  tendency  appears  in  P^  and  P^  ;  mandible 
heavy  and  thick  ;  symphyseal  part  proportionately  slender ;  masseteric 
fossa  high  ;  angle  broad  ;  lower  border  convex  antero-posteriorly. 

The  premaxillaries  resemble  those  of  the  modern  tapir  (^E/as- 
mognathus)  in  form,  but  they  are  not  coossified  anteriorly  and  are  not 
nearly  so  robust.  Near  the  anterior  inner  part  of  the  right  premax- 
illary  there  was  a  small,  peg-like  process  projecting  backward  and 
toward  the  other  premaxillary,  but  no  sign  of  a  union  of  the  two  pre- 
maxillaries. The  diastema  between  the  canine  and  Pi  was  propor- 
tionally as  long  as  in  Elasmognathus.  The  infraorbital  foramen  opens 
above  P^. 

The  specimen  was  in  a  breccia  formed  by  the  breaking  up  and 
recementing  of  the  sandstone  so  parts  of  the  broken  skull  were 
separated.     Fragments  of  the  upper  part  of  the  skull,  including  per- 


Douglass  :    Vertebrates  from  Montana  Tertiary. 


157 


tions  of  the  nasals,  were  put  together  and  it  appears  that  the  nasals 
were  reduced  and  shortened,  in  this  respect  being  intermediate  be- 
tween Hyraekyus  and  Protapirus.  The  anterior  upper  portion  of  the 
skull  is  broadly  and  evenly  convex. 

The  longitudinal  portion  of  the  mandible  is  robust,  but  it  contracts 
just  in  front  of  the  anterior  premolar,  making  the  symphyseal  region 
small.  The  ascending  portion  is  broad.  The  angle  extends  a  little 
below  the  posterior  lower  border  of  the  horizontal  ramus.    The  last  mo- 


Hyraiky 


lar  is  considerably  in  advance  of  the  ascending  ramus    The  masseteric 
fossa  extends  nearly  down  to  the  level  of  the  molars. 

The  animal  was  old  and  not  all  of  the  structure  of  the  teeth  can  be 
made  out  on  account  of  their  worn  condition.  The  worn  surfaces  of 
the  upper  incisors  are  oblong-oval  or  elliptical.  They  stand  in  a 
nearly  vertical  position  as  in  the  tapir.  They  are  all  nearly  of  the 
same  size.  The  premolars  are  very  much  like  those  of  H.  agrarius. 
pi  is  small.     P^  is  the  only  one  which  appears  to  have  a  tendency  to 


168  Annals  of  the  Carnegie  Museum. 

assume  the  molar  pattern.     There  are  internal  cingula  on  the  last  two 
premolars.     The  lower  teeth  are  much  like  those  of  H,  agrarius. 

The  atlas  is  much  like  that  of  Frotapirus  validus.  The  concavity 
for  the  odontoid  process  of  the  axis  is  much  narrower,  indicating  a 
thick,  conical  odontoid.  The  posterior  cotyles  are  wider  dorso- 
ventrally,  the  lower  part  is  longer  antero-posteriorly  on  the  median 
line,  and  there  is  quite  a  large  protuberance  on  the  ventral  posterior 
border,  projecting  backward. 

Measurements. 

Mm. 

Width  of  palate  between  second  premolars 38 

Length  of  U 8 

Width  of  I^ 5 

Length  of  premolar  series 46.5 

Length  of  V^ 10 

Width  of  Pi 7 

Length  of  P^ 9.7 

Width  of  Pi 12 

Length  of  P^ 13 

Width  of  P^ 18.6 

Length  of  P* 19.5 

Width  of  PA 22 

Length  of  mandible  about 250 

Width               **         at  symphysis,  narrowest 26 

Depth               **         under  Pl 38 

Depth               **         under  M^ 47 

Length  of  inferior  molar-premolar  series 98 

From  same  locality  as  the  preceding. 

Hyrachyus. 

No.  718.     Fig.  3. 

Represented  by  a  solitary  last  upper  molar  found 
^(^■^  about  a  half  mile  from  Heptodon  (No.  717)  "and  Hyra- 
^>^  chyus  priscus  (No.  784)  described  in  this  paper.  It 
resembles  the  corresponding  tooth  of  Hyrachyus  inter- 
Fig.  \  Hyra-  f^^dius  (Princeton  collection,  No.  10,095).  ^^^  ante- 
chyusf  No.  rior  cross-crest  is  more  nearly  straight,  and  being  broader 
718.  Crown  at  the  base,  makes  the  median  transverse  valley  more 
view  of  last  narrow.  The  anterior  inner  cusp  is  more  conical. 
^^  The  anterior  outer   style  (parastyle)   is  not  so  much 

molar.     Sage  j        \.r  j      j 

Creek  beds.  \      external  to  the   anterior   outer   cusp.       The  posterior 
nat.  size.  Outer  cusp  (metacone)   is  small,   thin,   laterally  com- 


Douglass  :   Vertebrates  from  Montana  Tertiary.        159 

pressed  and  low.  It  is  much  lower  than  the  other  three  principal 
cusps.  There  is  a  strong  anterior  cingulum  and  a  weaker  one  on  the 
outside  of  the  outer  exterior  style. 

Measurements. 

Mm. 

Length  of  M* 13 

Width  of  Ml 16 

Height  of  an tero- internal  cusp 9 

From  Sage  Creek  about  seven  miles  northeast  of  Lima. 

Metamynodon  ? 

No.   734. 

A  horizontal  ramus  of  a  mandible  with  the  alveoli  and  roots  of  the 
teeth. 

This  jaw  is  somewhat  puzzling.  It  was  found  in  the  beds  on  Sage 
creek  in  a  sandy  lens  or  layer  lower  down  than  the  stratum  from  which 
the  Hyrachyus  ?  tooth  (No.  718)  was  obtained  and  not  far  away. 
This  specimen  if  found  in  the  White  River  would  be  unhesitatingly 
referred  to  the  genus  Metarnynodon^  though  it  is  very  much  smaller 
than  M.  planifrons.  But  there  is  the  same  reduction  in  number  of 
the  incisors  and  premolars,  the  enormous  enlargement  of  the  canines, 
the  great  lengthening  of  the  symphysis  and  narrowing  of  the  pre- 
molars. In  minor  details,  too,  it  is  the  same,  about  the  only  differ- 
ences being  the  smaller  size,  the  more  procumbent  position  of  the 
canines,  and  the  thinner  horizontal  ramus. 

The  last  incisors  were  quite  large  and  in  contact  with  the  canines. 
There  were  probably  second  incisors,  but  they  were  very  small.  Part 
of  the  alveolus  of  one  can  be  seen.  The  three  premolars  were  all 
small.  The  root  of  the  canines  was  very  large  and  the  two  nearly 
came  in  contact.  They  occupied  the  greater  part  of  the  symphysis. 
There  is  a  longitudinal  convexity  on  the  outer  side  of  the  one  pre- 
served. The  symphysis  extends  backward  to  P4  and  the  posterior 
part  is  wide. 

One  would  not  expect  to  find  an  animal  apparently  so  like  Metamy- 
nodon in  the  Middle  Eocene,  but  the  data  are  given  for  what  they  are 
worth. 


•  ._  *  ■ 


160 


Annals  of  the  Carnegie  Museum. 


Measurements. 

Mm. 

From  anterior  of  canine  toposterior  of  Mj 208 

Length  of  sympbysis no 

Width  of  posterior  border  of  symphysis,  between  horizontal  rami...  24 

Width  of  jaw  at  canines 60 

Depth         '*    under  P, 50 

Depth         "        "      Mj 54 

Thickness  '■         "      Mj 32 

Length  of  canine 28 

Width  of  canine 25 

Length  of  diastema  between  C  and  P5 36 

Length  of  premolar  series 46 

Length  of  molar  series 100 

From  Sage  Creek  about  seven  miles  northeast  of  Lima. 

OLIGOCENE. 
White  River. 
REPTILIA. 

Helodermoides  tuberculatus  gen.  et  sp.  nov. 
No.  707.      Figs.  4  and  5. 
Portions  of  the  top  of  a  skutl  and  part  of  a  mandible  were  found  in 
the  beds  on   Pipestone  Creek  near   Pipestone  Springs  in  Jefferson 
County. 

The  bone  in  the  frontal  region  is  thick  and  cellular,  but  is  much 
thicker  farther  forward.     The  top  of  the  skull,  as  in  Helodertna,  is 


Flc    4     Hflodermoulcs  lubiniiialui  {No.  FiC  5.   Same    1 

707),   \\hile  River    Beds,  Pipestone  Creek,  mandible.       a,    om 

a,  top  of   skull,  upper   view  ;  b.  llie   same,  view.     Natural  sin 
lower  view.      Natural  size. 


Douglass  :  Vertebrates  from  Montana  Tertiary.       161 

covered  with  bony  ossicles.  They  are  higher  and  more  conical  than 
in  that  genus,  and  instead  of  being  marked  with  minute  pits  are  cov- 
ered with  little  rounded  wart-like  protuberances.  The  larger  ossicles 
approach  a  pentagonal  or  hexagonal  form  at  the  base.  Two,  near  the 
middle  of  the  head,  are  elongated  transversely.  Anterior  to  these 
there  is  no  bilateral  symmetry  in  their  arrangement  or  size.  The 
posterior  ones,  as  in  Heioderma,  are  smaller  than  the  anterior 
ones. 

The  mandible  shows  three  foramina  on  the  outer  surface.  The 
teeth,  which  are  partly  set  in  the  jaw,  are  sharp,  laterally  compressed 
near  the  apex,  and  incline  slightly  backward. 

Length  of  fragment  of  skull,  40  mm. 

• 

MAMMALIA. 

PICRISSODACTYLA. 
Mesohippus  latidens  sp.  nov. 

No.  751.     Fig.  7. 

The  type  of  this  species  is  a  portion  of  a  crushed  and  flattened 
skull  with  the  last  premolar  and  the  molars  of  both  sides.  It  was 
found  in  the  Lower  White  River  beds  near  Three  Forks  in  1899. 

The  most  striking  distinguishing 
character   of  the  teeth  is    the   ex- 
treme transverse  as  compared  with 
the  antero -posterior  diameter  and 
the  much  greater  width  of  the  an- 
terior than  of   the  posterior  por-  /^  ine 
tions.     The  teeth  are  more  prim-          Fig.  7.    Mesohippus  latidens  (No. 
itive  than  those  oi  M.  bairdi.     The       750-     Last   upper  premolar  and  the 
median   tubercles  of   the   anterior      ^"^'^^   "^^^^'^  ^[  ^^^^  ^'^^-    N^'"»"^^ 

,      ,  ,  size.     White    River  beds  near  Three 

cross-crests  are   much    larger  than      ^   , 
those  of  the  posterior  cross-crests. 

The  posterior  intermediate  cingular  cusps  are  represented  by  only 
a  minute  enlargement  or  thickening  of  the  cingulum.  There  are 
no  cingula  on  the  inner  faces  of  the  inner  cusps  except  on  Ml. 
There  are  faint  median  ridges  on  the  outer  crescents.  The  posterior 
intermediate  cusps  on  the  cross-crests  decrease  in  size  from  Mi 
backward.  -On  M^  this  cusp  can  hardly  be  distinguished  from  the 
cross-crests. 


63  Annals  of  thf.  Carnf.gie  Museum. 

I^nphof  P'  and  the  3  molars. 42 

ixngth  of  molar  jeries 31 

length  of  P« 10 

Length  of  Ml lo 

Widlh  of  MI 16 

Length  of  M' II 

Width  of  M" 17 

Length  of  M' II 

Width  of  M' 15.5 

Kound  on  Thom|»son's  creek. 


ART10DACTY[,A, 
Tki^ENicus  sih;[alis  gei 


sp.  r 


No.  817.     Fig.  6. 

In  the   autumn  of  1901  the  writer  reexamined  a  portion  of  the 

lower  While  River  beds  on  Thompson's  Creek    near   Three    Forks. 

In  a  place  where  fragments  of  several  skulls  (including  the  types  of 


r/'.O   liaii  iH-'on  tbuinl,  1 

tained.  It  is  laterally  crushed  at 
i  wiih  anything  that  has  been 
L-  10  several  of  iht   I  inta  and 


Douglass  :  Vertebrates  froSi  Montana  Tertiary.       163 

White  River  selenodonts.  It  looks  as  though  it  might  be  a  descend- 
ant of  Leptoreodon. 

The  dental  formula  is  C-^,  P^,  M^.  All  are  large  and  strong,  except 
P-i-,  which  is  small,  but  two-rooted.  It  is  separated  from  the  canine 
and  P^  by  diastemata.  It  is  a  little  nearer  to  P^  than  to  the  canine. 
The  canine  is,  so  far  as  preserved,  of  the  usual  Oreodont  pattern,  but 
is  more  compressed  laterally.  Pi  is  a  laterally  compressed  subconical 
cusp.  The  crown  from  the  outside  has  a  slight  hint  of  the  trifid  ap- 
pearance of  the  same  view  of  P-  and  P^  —  that  is,  there  are  rudiments 
of  anterior  and  posterior  cusps  or  lobes.  P-  is  large  and  has  three 
outer  lobes.  It  is  widest  back  of  the  middle.  P^  is  a  little  longer 
and  more  triangular  on  account  of  the  larger  posterior  inner  lobe. 
P^  is  of  the  usual  pattern  in  ruminants.  Premolars  2  and  4  are  nearly 
equal  in  length.  Only  portions  of  the  molars  are  preserved,  but  the 
teeth  are  large.     The  teeth  back  of  P-^  show  much  wear. 

The  infraorbital  foramen  opens  above  the  anterior  portion  of  P-> 
and  the  front  margin  of  the  orbit  is  above  the  anterior  half  of  M^. 
So  far  as  I  can  ascertain  from  the  crushed  condition  in  this  region 
there  were  neither  prelachrymal  pits  or  vacuities. 

Measurements. 

Mm. 

From  front  of  canine  to  front  of  orbit 50 

Length  of  canine 4.3 

Width  of  canine 3.3 

Length  of  diastema  between  C  and  Pt 6 

Length  of  Pl 3.5 

Width  of  Pi 2 

Length  of  diastema  between  P'- and  P^- 4 

Length  of  P^ 7 

Width    "  «*  4 

Length  of  P^ 9 

Width     **    «*  5 

Length  of  Pl 7 

Width     **   *'   7 

Length  of  Mi 7.5 

I^ength  of  Mi 9 

Oreodon  macrorhinus  sp.  nov. 

No.  767.     Fig.  8. 

In  my  paper  '*  Fossil  Mammalia  of  the  White  River  Beds  of  Mon- 
tana"** *  I  described  a  species  of  Oreodo  1  under  the  name  of  "  Oreodon 
^  Trans,  Am.  Phil.  Soc.y  Vol.  XX.,  p.  264. 


164 


Annals  of  the  Carnegie  Museum. 


robustum."  I  knew  that  the  name  had  been  given  by  Leidy  to  an 
individual  belonging  to  O.  culbertsoni,  but  considered  the  name  still 
available,     I  propose  for  it  the  specific  name  macrorhinus. 

The  skull   is  not  much  if  any  longer  than  that  of  O.  culbertsoni 
Leidy,  but  is  very  much  heavier,  and  I  think  the  differences  are  not 


sexual.     As  seen  from  the  side  the  muzzle  tapers  very  little.     The 
enamel  on  the  premolar  teeth  is  wrinkled. 

The  nodular  beds  from  which  this  was  taken  undoubtedly  corre- 
spond with  the  "Oreodon  beds"  of  the  plains  region. 

Upper  Oligocene? 
CARNIVORA. 

Mesocyon?  Dbummondanus  sp.  nov. 
No,  792.     Figs.  9  and  10. 

Of  this  dog  there  is  the  scapula,  some  fragments  of  other  parts  of 
the  skeleton,  and  a  skull  lacking  the  mandible.  It  was  found  about 
three  or  four  miles  east  of  Drummond,  near  the  HeDgate  River. 

As  the  lower  teeth  are  not  present  it  cannot  be  certainly  referred  to 
its  proper  genus.  The  species,  however,  is  different  from  any  I  have 
seen.  I  cannot  better  define  it  than  by  showing  how  it  differs  from 
Mesocyon  coryph<fus  Cope,  and  Cynodesmus  tho'dides  Scott. 

Compared  with  M.  eoryphmis  it  is  somewhat  smaller,  not  so  much 
restricted  behind  the  orbit ;  the  sagittal  crest  is  not  so  elevated  ;  the 


i 


Douglass:  Vertebrates  from  Montana  Tertiary.       165 

nasals  do  not  contract  so  gradually  to  the  apex  ;  and  judging  by  Cope's 
figure,'  they  are  longer;  the  posterior  points  of  the  pre  m  axil  lanes  do 
not  approach  so  near  to  the  anterior  projections  of  the  frontals,  the 
former  being  short  fore 
and  aft.  The  tympanic 
buIlK  are  smaller.  The 
antemolars are  less  spaced; 
the  incisors  are  crowded. 
According  to  Cope's  figure 
P?,  pi,  and  Pl,  exclus- 
ive oi  ihe  heel,  are  wider 
but  of  the  same  length. 
The  heel  on  P2  and  the 
deuterocone  on  the  sec- 
torial are  not  so  well  de- 
veloped ;  M?-  is  much 
larger,  the  great  differ- 
ence being  in  the  antero- 
posterior diameter. 

Comparison  with  Cyno- 
desmus  Ihooiiies. 

The  anterior  part  of  the 
skull  is  lower  and  nar- 
rower ;  not  so  broad  at  the 
post-orbital  angles  of  (he 
frontals  but  broader  at  the 
post-orbital  constriction  ; 
the  temporal  ridges  con- 
verge less  rapidly;  the  pre- 
maxillaries  and  frontals  do 
not  approach  so  near  each 
other  ;  the  premolar  teeth 
are  smaller,  much  lower, 
and  all  except  ihefiistare 
shorter.  The  deuterocone 
on  pi  is  less  prominent ; 
the  transverse  diameter  of 
the  molars  is  less. 

■Tertiary  Vertebrala.  PI.  LXX 


166  Annals  of  the  Carnegie  Museum. 

The  basisphenoid  is  keeled.  The  brain-case  is  full  and  veil 
rounded  out.  The  zygomatic  arch  is  not  widely  expanded.  The 
frontals  can  hardly  be  said  to  have  postorbital  processes. 


Douglass  r  Vertebrates   from  Montana  Tertiary.       167 


The  auditory  bulla  is  lost  on  one  side  and  present  on  the  other. 
This  lends  weight  to  the  probability  that  the  absence  of  the  bullae  in 
some  of  the  skulls  of  fossil  dogs  does  not  prove  that  the  animals  did 
not  possess  them  in  life. 

Measurements. 

Mm. 

Length  of  skull  to  posterior  of  tympanic  bulla 133 

Width  of  sku]].  including  zygomatic  arches,  greatest 80 

Width  Bt  postorbilal  c 
Length  of  moIar-premoJar  s 


ARTIODACTYLA. 

Leptomeryx  transmontanus  sp.  nov. 

No.  716.      Fig.  II. 

This  is  larger  than  L.   evansi  and  the  teeth  more  advanced,   the 

infraorbital  foramen  is  a  little  farther  back  than  in  the  specimen 

described   by  Leidy  in  his   Extinct   Mammalian  Fauna.     It  opens 


Fig.   II.      Lcpiomeryx  Iransraoilatius  (No.  7^6).     JoiiQ  Day,  1 
Natural  siie.     a,  skull ;  b,  crown  view  of  teeth. 


above  the  anterior  portion  of  P*.  There  is  a  prominent  malomaxil- 
lary  ridge  which  extends  forward  on  the  face  as  far  at  least  as  the 
anterior  part  of  P^. 


168  Annals  of  the  Carnegie  Museum 

The  teeth,  judging  by  Leidy's  figures/  differ  in  several  particulars 
from  those  of  Z.  cvansi.  In  P^  the  deuterocone  is  connected  by  a 
ridge  with  the  posterior  portion  of  the  tooth  and  by  a  narrow  cingulum 
with  the  anterior  portion.  P^  is  the  same,  except  that  the  deuterocone 
and  the  anterior  cingular  ridge  are  better  developed.  Thus  the  teeth 
are  successively  approaching  the  true  ruminant  pattern  of  the  fourth 
premolar,  which  is  fully  attained  in  this  species.  The  median  and 
anterior  outer  pillars  on  the  molars  and  the  last  premolar  are  not  very 
prominent.  The  inner  and  outer  crescents  of  the  teeth  are  not  very 
widely  separated,  yet  the  teeth  are  not  so  much  worn  as  in  the  speci- 
men figured  by  Leidy  (Ext.  Mam.  Fauna,  PL  XIV.,  Fig.  5). 

From  the  same  beds  as  the  specimen  last  described. 

Measurements. 

Mm. 

length  of  molars  and  last  three  premolars 41 

Length  of  molar  series 22 

Length  of  premolar  series 20 

Length  of  P*...  7 

Width  of  P2 5.5 

Length  of  P^ 7 

Width  of  Pi 6 

Length  of  P^ 6 

Width  of  P* 7 

Length  of  molars  each 7 

Width  of  Mi 8 

Width  of  M2- 9 

Width  of  M^ 8 

Height  of  orbit 21 

Length  of  orbit.... 24 

Promervcochcerus  minor  sp.  nov. 

No.  769.     Fig.  12. 

Of  this  species  there  is  a  large  portion  of  a  skull  and  mandible.  The 
upper  and  posterior  portions  of  the  cranium  are  gone.  All  the  teeth 
are  represented  except  li.  It  was  found  near  Drummond,  on  the  Hell- 
gate  River,  in  the  same  beds  with  Leptomeryx  transmontanus  and 
Mesocyon  ?  driimmondanus. 

I  refer  it  provisionally  to  this  genus  principally  on  account  of  the 
form  and  size  of  the  zygomatic  arches.     It  seems  to  be  intermediate 

1  Extinct  Mammalian  Fauna,  of  Dakota  and  Nebraska,  PI.  XIV.,  Figs.  I,  4  and  5. 


Douglass  :  Vertebrates  from  Montana  Tertiary, 


between  Epcreodon  and  Promerycocharus.      It  is  a  small  species  of 
Promeryeochxrus,  but  larger  than  Eucrotapkus. 

Dentition.  —  I-  and  5  are  nearly  equal  in  size,  convex  anteriorly 
and  flat  posteriorly.  They  are  of  moderate  size.  The  upper  canine 
is  quite  high,  is  flat  behind  with  sharp  edges.  Near  the  tip  it  is  tri- 
angular with  three  sharp  angles,  but  nearer  the  root  it  is  convex  anteri- 
orly.    There  is  a  concavity  running  lengthwise  of  the  tooth  in  front 


minor  (No.    769).      Uppei  Oligocene 


of  the  inner  angle,  but  no  high  narrow  ridge  as  in  Mesortodon. 
There  is  a  short  diastema  between  this  tooth  and  P-L.  The  latter  is 
narrow  and  overlaps  outwardly  P^.  Most  of  the  teeth  of  the  molar- 
premolar  series  are  narrower  transversely  than  in  Mtsortodon.  The 
anterior  and  median  buttresses  on  M^.  and  ^  are  narrow  and  not  heavy. 
ly  and  3  have  nearly  the  same  size  and  form;  are  chisel -shaped,  con- 
vex on  the  posterior  face,  but  rather  thin  antero-posteriorly.  Ij  is 
larger.  The  incisiform  canine  is  still  larger,  triangular  in  section  and 
overlaps  Ij,  the  interior  portion  of  its  anterior  face  being  behind  the 
outer  portion  of  that  tooth.  There  is  no  diastema  between  the  canine 
and  caniniform  P^.  This  premolar  is  laterally  compressed,  lenticular 
in  section  and  sharp -pointed,  having  been  made  sharp  by  the  wear  on 


170  Annals  of  the  Carnegie  Museum. 

the  anterior  edge  by  the  upper  canine.     P^  overlaps  inwardly  P^  about 
half  its  length.     It  also  overlaps  outwardly  P^. 

The  teeth  might  be  called  brachy-hypsodont.     There  is  a  pro- 
nounced tendency  toward  hypsodonty. 

The  Skull. — I  cannot  tell  whether  the  premaxillaries  were  coossified 
or  not,  but  they  are  deeper  above  li  than  in  Promerycocharus  mon- 
tanus.  The  infraorbital  foramen  opens  above  the  anterior  portion  of 
P4^.  The  forehead  in  front  of  the  supraorbital  foramina  is  concave. 
This  is  due  in  part,  but,  I  think,  not  entirely  to  crushing.  The 
nasals  are  long.  The  preorbital  fossae  are  not  large  or  deep.  The 
orbit  is  nearly  circular.  The  zygomatic  arch  is  moderately  heavy,  but 
not  so  much  so  as  in  P,  montanus.  The  anterior  portion  below  the 
orbit  is  not  so  high  as  in  P,  montanus,  macrosteguSy  and  leidyi,  yet  it 
is  higher  than  in  Eucrotaphus  {^Eporeodon  /)  superbus.  From  its  an- 
terior part  it  expands  posteriorly,  reaching  its  maximum  expansion  a 
little  anterior  to  the  postglenoid  process.  The  outer  border  is  moder- 
ately thick  and  rounded.  The  posterior  portion  ascends  less  steeply 
than  in  P.  macrostegus  or  P.  superbus.  The  longitudinal  portibn  is 
quite  broad  and  long.  The  lower  border  of  the  malar  under  the  orbit 
is  longitudinally  grooved.  The  bullae  were  large,  the  paroccipital 
processes  small.  The  lower  portion  of  the  latter  has  three  protuber- 
ances on  its  surface,  making  it  quite  irregular.  The  upper  portion 
does  not  appear  to  have  been  much  expanded  laterally. 

Measurements. 

Mm. 

Length  from  front  of  canine  to  postglenoid  process  inclusive 185 

"      of  molar-premolar  series 105 

*'      of  premolar  series 49 

"      of  molar  series 56 

Hight  of  malar  under  orbit 24 

**     of  orbit 24 

Length  of  mandible  to  back  of  M^ 137 

"      of  lower  molar-premolar  series 115 

**      premolar  series 55 

Depth  of  mandible  under  P;^ 30 

MIOCENE. 

Flint  Creek  Beds. 

All  the  specimens  from  these  beds  described  below  were  found  near 
the  village  of  New  Chicago,  in  Granite  County. 


Douglass  :  Vertebrates  from  Montana  Tertiary.       171 

REPTILIA. 

0(;mophus  arenarum  sp.  nov. 
No.  744. 

Three  vertebrae  of  a  snake  from  the  Flint  Creek  beds,  were  asso- 
ciated with  many  small  bones  and  teeth,  among  which  were  the  hum- 
eri of  moles  described  in  this  paper. 

The  vertebrae  not  so  long  as  broad.  Centrum  small,  with  no  keel 
but  a  broad  convexity  on  lower  side.  Ball  transversely  elliptical  and 
facing  somewhat  upward  as  well  as  forward  ;  neural  canal  arch-shaped 
with  a  median  ridge  or  convexity  on  floor ;  the  articular  surfaces  of 
the  zygapophyses  horizontal ;  articular  surfaces  of  the  zygosphenes 
quite  narrow  and  facing  outward  and  downward  ;  neural  spine  low 
and  not  reaching  to  the  anterior  part  of  the  neural  arch ;  neural  arch 
large  and  zygosphenes  almost  as  far  apart  as  its  width ;  protuber- 
ance for  articulation  of  the  rib  quite  prominent,  higher  than  wide, 
convex  above  and  in  front,  and  slightly  concave  on  the  posterior  in- 
ferior surface.  The  interzygapophyseal  ridges  almost  die  out  midway 
between  the  anterior  and  posterior  zygapophyses. 

Compared  with  O,  anguiatus  Cope  (Tert.  Vert.,  p.  783,  PI.  LVIII^, 
F^g'  ^3)  t^c  protuberance  for  the  articulation  of  the  rib  is  larger,  the 
vertebra  proportionally  lower,  and  there  is  no  hypophyseal  angle  or 

ridge. 

Measurements. 

Mm. 

Length  of  centrum  of  vertebra 4 

Width  of  vertebra 5 

MAMMALIA. 

INSECTIVORA. 

Talpa?  platybrachvs  sp.  nov. 

Type  No.  728.     Fig.  13. 

In  the  same  beds  as  the  preceding  (No.  744),  associated  with  scat- 
tered teeth  and  bones  of  rodents  and  other  small  animals,  four  humeri 
of  moles  were  found  belonging  to  the  same  or  closely  related  species. 
One  of  these  is  nearly  complete  and  I  take  it  as  the  type  of  the 
species. 

The  humerus  is  smaller  than  the  corresponding  bone  of  Scalops 
aquaticus.     It  differs  from  it  in  having  a  narrower  shaft,  in  this  respect 


172  Annals  of  the  Carnegie  Museum. 

more  resembling  Talpa  meyeri  of  Schlosser.  There  is  a  large  surface 
for  the  articulation  of  the  clavicle.  This  is  convex  dorso-ventrally. 
From  the  upper  outer  border  a  minute  point  projects  outward.  This 
is  not  nearly  so  well  developed  as  in  Scalops  aquaticus.     The  condyle 


Fig.  13.   Humerus   of    Talpa  ? platy-  Fig.    14.   Myiat^aulus  paniensis  (No. 

^/-<7^/fyj  (No.  728).     Twice  natural  size.        844).    Flint  Creek  beds.    |  natural  size 

or  the  scapula  forms  a  quite  high  crescent-shaped  ridge.     The  ridge 

for  the  insertion  of  the  pectoralis  major  muscle  is  well  developed  on 

the  inner  part  of  the  humerus,  but  does  not  extend  anywhere  near  so 

far  outward  as  in  Scalops. 

Measurements. 

Mm. 

Length  of  humerus 13 

Width  of  proximal  portion  of  humerus II 

Width  of  distal  portion  of  humerus 8 

RODENTIA. 
MvLAGAULUS  Paniensis?  Matthew,  Bull.  Am.  Mus.  Hist., 

Vol.  XYL,  p.  299,  1902. 
No.  844.     Fig.  14. 

A  portion  of  a  lower  jaw  containing  the  large  premolar  and  one 
molar  was  found  in  the  Flint  Creek  beds.  This  and  the  type  have 
nothing  in  common  except  the  premolar,  but  there  is  no  essential  dif- 
ference in  the  two  teeth.  This  individual  was  evidently  somewhat 
younger  than  the  type,  as  the  premolar  tooth  is  higher  and  the  ante- 
rior outer  enamel  lake  is  longer. 

There  is  one  and  only  one  prismatic  molar,  which  was  evidently 
persistent,  as  it  is  nearly  or  quite  as  high  as  the  premolar.  There  is 
in  this  specimen  no  trace  of  a  molar  posterior  to  it.  The  upper  sur- 
face is  subcircular,  approaching  a  pentagon.      There  are  four  enamel 


Douglass  :  Vertebrates  from  Montana  Tertiary.       173 

lakes,  two  inner  and  two  outer,  but  these  are  more  oblique  than  in  the 
premolar,  inclining  outward  and  forward. 

The  one  persistent  molar  as  distinguished  from  two  that  were  often 
shed  in  older  animals  distinguishes  this  speci- 
men from  M.  monodon  and  M.  hallensis. 

Found  in  Flint  Creek  beds  near  New  Chi- 
cago, Mont. 

MVLAGAULUS. 

Isolated  teeth.     No.  732. Fig.  15. 

A  tooth,  probably  an  upper  premolar,  from 

the  Flint  Creek    beds,  has  the    outer  enamel  Fig.  15.    Mylagautm 

well  broken  away,  so  that  the  structure  of  the      ^'^°-  "s).  Fl'"'  Creek 

..  ,  I    '    1  T-L  I    I   1  beds.    Showing  structure 

tooth  can  be  plainly  seen.     The  enamel  lakes       ■■,-,-■  , 

•^  '  ai  teelh.     Twice  natural 

which  appear  on  the  worn    upper  surface  of     ^,^^_  a.  a  premolar  looth; 
the  tooth  are  the  tops  of  compressed  enamel      b,  a  molar  tooth, 
tubes  which  are  closed  at  the  bottom. 

These  tubes  are  transversely  striated.  See  Fig,  15,".  A  molar 
tooth.  Fig.  15,  b,  shows  the  same  structure. 

The  molar  shows  eight  enamel  lakes  in  four  rows.  Same  locality 
as  the  preceding. 

CARNIVORA. 

.(Elurodon?  brachvgnathus  sp.  nov. 

No.  752.  Fig.  16. 

This  is  represented  by  a  large  part  of  a  mandible  and  some  portions 
of  the  upper  jaw  with  all  the  teeth  broken. 

As  indicated  by  the  remains,  the  leading  characteristics  that  dis- 
tinguish this  from  all  other  dogs  are  the  following  :  Face  and  hori- 
zontal portion  of  mandible  greatly  shortened  yet  without  reduction 
in  size  or  number  of  lower  teeth.  Mandible  deep  and  robust. 
Especially  heavy  in  region  of  symphysis.  Teeth  crowded  and 
P  y  and  ^  set  obliquely  in  the  jaw. 

The  dental  formula  in  the  lower  jaw  and  undoubtedly  in  the  upper 
is  the  same  as  that  of  the  modern  dogs  (C  lupus,  etc.).  The  greater 
portion  of  the  premaxillaries  and  small  portions  of  the  mamillaries 
show  that  for  the  length  of  the  face  the  nasal  region  was  broad,  the 
anterior  palatine  foramina  large.  Incisors  2  and  3  were  large  ;  the 
canine  medium  sized.  Pi  one-rooted,  but  not  very  small.  The  cor- 
responding teeth  of  the  lower  jaw  evidently  had  similar  proportions. 


174  Annals  of  the  Carnegie  Museum. 

The  lower  canine  was  set  diagonally  in  the  jaw  This  is  true  of  C, 
lupus,  but  not  to  so  great  an  extent  the  antenor  face  of  the  tooth 
presenting  nearly  as  much  outward  as  forward  The  larger  axis  of 
the  root  of  Py  is  m  the  same  direction  P  j  j  and  ^  have  each  a 
larger  posterior  root  and  a  smaller  anterior  one  The  anterior  in 
P  7  and  J  IS  partly  exterior  to  the  postenor      The  roots  are  closely 


Fig.  i6.      MSurodont  hrafhygnalhus  (No.   752).      Fliol  Creek  beds.      Natural 

crowded.  The  heel  of  the  lower  sectorial  is  mostly  preserved,  yet  it 
is  injured  so  that  one  cannot  be  certain  whether  the  pattern  is  more 
like  that  of  Temiwcyon  or  of  Cams. 

There  are  two  menial  foramina,  a  larger  under  P^  and  a  smaller 
one  on  a  higher  level  beneath  the  anterior  part  of  P^.  The  posterior 
portion  of  the  lov>cr  border  of  the  mandible  in  front  of  the  angle  is 
very  convex  antero- posteriorly.  The  anterior  ridge  of  the  ascending 
ramus  in  front  of  the  masseteric  fossa  is  large  and  high  and  the  fossa 
deep. 

Length  of  molar. premolnr  series 58 

Depth  of  mandible  under  I'^^ 19 

Depth  of  mandible  under  Pj 2S 

SUID^. 

Hesperhys  gen.  nov. 

No.  748.     Fig.  17, 

Mandible  short  and   heavy.     Teeth  uninterrupted  except  a  short 

diastema  between  the  canine  and  the  anterior  premolar.     Inferior 


Douglass  :  Vertebrates  from  Montaka  Tertiarv.       175 

dental  formula  Ij,  C-;-,  Pj,  Mj.      Premolars  5  and  5  simple  conical 
cusps.      Mj  with  a  heel  composed  of  several  small  cusps. 


Hesperhvs  vagran's  sp.  nov. 

No.  748-     Fig.  17. 

The  type  of  the  genus  and  species  is  a  large  portion  of  a  lower  jaw 

exclusive  of  the  ascending  rami.     It  was  associated  with  the  bones  of 

Procamdus  in  the  Flint  Creek  beds.      There  are  also  some  fragments 

of  the  skull. 

Ij  is  large  and  chisel- shaped.  Near  the  root  its  antero -posterior  is 
much  greater  than  its  transverse  diameter,  On  its  anterior  face  it  is 
convex  and  on  its  posterior  face  concave  with  a  median  longitudinal 


176  Annals  of  the  Carnegie  Museum. 

mediate  tubercles  they  increase  in  complexity  backward.     M^  has  a 

heel  composed  of  one  principal  tubercle  and  three  smaller  ones.     Not 

having  access  to  the  types  I  cannot  be  certain  that  this  may  not  belong 

to  some  one  of  the  Suidae  described  but  can  find  no  descriptions  that 

correspond  to  it. 

Measurements. 

Mm. 

From  front  of  ly  to  back  of  M^ 178 

Depth  of  mandible  under  M^ 50 

Thickness  of  mandible  under  Mj 31 

Length  of  molar-premolar  series 126 

Length  of  premolar  series 48 

Length  of  molar  series 78 

Length  of  Pj 12 

Width  of  P2 9 

Length  of  Pg 16 

Width  of  P3 12 

Length  of  P;j 20 

Width  of  Pj 16 

Length  of  My 23.5 

Width  of  My 19.5 

Length  of  M^ 23.5 

Length  of  M3 •. 31 

From  Flint  Creek  beds  near  New  Chicago. 

OREODONTID^. 

Poatrephes  paludicola  gen.  et  sp.  nov. 
No.  845.     Fig.  18. 

A  skull  of  an  Oreodont  found  in  the  Flint  Creek  beds  near  the  vil- 
lage of  New  Chicago  is  different  from  any  other  member  of  the  family 
with  which  I  am  acquainted.  The  principal  distinguishing  characters 
are  the  following  : 

Skull  elongated,  not  shortened  as  in  Merychyus  and  Merycocharus. 
Posterior  portion  of  skull  including  occiput  broad,  zygomatic  arches 
broad,  heavy  and  spreading  anteriorly,  mastoid  processes  greatly  ex- 
panded laterally,  tympanic  bullae  large  but  not  rounded  as  in  Epo- 
reodon,  external  auditory  meatus  forming  a  large  wedge.  Teeth 
brachy-hypsodont,  molars  narrow  transversely. 

To  these  may  be  added  with  a  slight  doubt :  Large  prelachrymal 
vacuities  ;  crest  of  occiput  not  much  overhanging,  premaxillaries  not 
coossified.     As  the  skull  is  somewhat  mutilated  and  distorted  I  would 


Douglass:  Vertebrates  from  Montana  Tertiary.       177 

not  be  too  positive  about  there  being  prelachrj-mal  vacuities,  but  if 
not,  there  were  certainly  prelachrymal  pits.  On  one  side  there  is  a 
large  circular  space  anterior  to  the  orbits  which  has  no  bone  and  the 
surrounding  bone,  in  part,  appears  to  be  unbroken. 

The  skull  is  a  little  longer  than  that  of  Mesoreodon  chelonyx  Scott. 
The  nasals  are  lost.  The  malomaxiUary  ridge  is  high,  very  convex, 
extends  upward  as  well  as  forward,  dying  out  near  the  upper  border 


Fig.   i8.     Poatnfika  faliidicola  (Ho.  i^S)-     Flint  Creek  beds.     One  half  nalural 
siie.      Right  view  of  skull,  part  of  tcelh  reslored  from  other  side, 

of  the  maxillary  just  in  front  of  the  lachrymal  depression  or  vacuity. 
The  anterior  borders  of  the  premaxillaries  are  thick  and  they  do  not 
rise  so  abruptly  as  in  Mesoreodon  or  Eporeodon.  The  prelachrymal 
vacuities  appear  to  have  been  quite  large.  The  sagittal  crest  was 
high  as  shown  by  impression  on  surrounding  matrix.  The  anterior 
portion  of  the  zygomatic  arch  beneath  the  orbits  is  broad,  heavy,  and 
widely  spreading,  the  outer  portion  curving  downward,  with  the 
border  roughened  and  very  concave  antero- posteriorly.  The  anterior 
lower  root  is  low,  being  only  a  little  above  the  alveolar  border.  The 
orbit  is  closed  behind  by  a  heavy  bridge  of  bone.  The  anterior  tongue 
of  the  squamosal  is  long  and  slender,  terminating  beneath  the  posterior 
portion  of  the  orbit.  This  process  and  the  posterior  process  of  the 
jugal  overlap  for  a  considerable  distance.  From  opposite  the  glenoid 
surface  the  zygomatic  arch  ascends  slightly  to  where  it  is  broken  off 
opposite  the  glenoid  process.  The  anterior  portion  of  the  arch  is 
broad  and  thick.      It  spreads  far  outward  from  the  molars.     The  pos- 


178  Annals  of  the  Carnegie  Museum. 

terior  portion  beneath  is  convex  from  the  glenoid  surface  to  the  outer 
border.  The  glenoid  surface  is  convex  both  an tero -posteriorly  and 
transversely.  The  post -glenoid  process  is  broad  transversely  but  not 
very  thick. 

The  external  auditory  meatus  is  enlarged  into  a  pyriform  or  wedge- 
shaped  mass  of  bone  with  the  apex  pointing  downward.  Where  this 
meatus  is  joined  to  the  auditory  bulla  this  process  does  not  extend 
downward  so  far.  The  tympanic  bullae  are  large  but  not  symmetric- 
ally rounded  as  in  several  of  the  Oreodonts.  They  differ  on  opposite 
sides  of  the  same  skull,  and  one  is  larger  than  the  other.  One  is  ap- 
proximately a  quarter  of  a  four-sided  pyramid,  with  the  apex  pointing 
downward.  The  other  approaches  nearer  to  a  cube.  Posteriorly  the 
broad  spout-shaped  paroccipital  processes  clasp  the  bullae  closely,  as 
if  accommodating  themselves  to  the  forms  of  the  bullae.  The  paroc- 
cipital processes  are  rather  thin  antero-posteriorly,  are  concave  in 
front  and  convex  —  nearly  angulate  —  behind,  but  are  much  expanded 
laterally,  as  in  Merycochcerus  laticeps.  The  basi -occipital  has  a  median 
ridge  between  the  tympanic  bullae  which  widens  as  it  approaches  the 
occipital  condyles.  These  condyles  are  small.  Above  the  foramen 
magnum  is  a  very  convex  median  ridge  bounded  laterally  below  by 
two  deep  concavities. 

The  two  anterior  incisors,  judging  by  the  remains  of  the  alveoli, 
were  small,  the  third  much  larger.  The  canine  was  of  medium  size. 
Premolar  four  and  the  molars  have  extremely  narrow  valleys,  but  the 
teeth  are  much  worn.  The  molars  are  narrow  with  no  ridges  on  the 
outer  median  surfaces  of  the  outer  crescents.  On  the  third  molar  the 
anterior  and  median  pillars  are  prominent  but  there  is  no  large  acces- 
sory lobe  at  the  postero-exterior  angle,  though  there  is  a  small  one. 


Measurements. 

Mm. 

Length  of  ^skull  along  palate,  etc 225 

Length  of  face  from  posterior  margin  of  orbit 122 

Width  of  skull  at  glenoid  surface 152 

Width  of  skull  at  orbits 155 

Breadth  of  palate  at  same  place,  including  molars 74 

Length  of  upper  molar-premolar  series 96 

Length  of  upper  premolar  .series 50 

Length  of  upper  molar  series 46 

W^idthof  Ml 18 


Douglass  :  Vertebrates  from  Montana  Tertiary.       17S 

POATREPHES  ? 

No.  754. 
In  the  summer  of  1898  my  traveling  companion,  Mr.  Wm.  T. 
Coffey,  found  in  the  Deep  River  beds  near  White  Sulphur  Springs  a 
last  premolar  and  three  molars,  with  part  of  the  maxillary  of  an  Oreo- 
donl  which  probably  belongs  to  this  genus.  It  was  found  with  part  of 
a  skeleton  oi  Palceomeryx  and  the  incisors  of  some  horse-like  animal. 
The  parts  preserved  differ  very  little  from  the  teeth  of  the  animal 
above  described. 

Merychyus  smithi  sp.  nov. 

No.  766.     Fig.  19, 

Of  this  species  there  is  the  lower  portion  of  the  right  side  of  the 

skull  with  parts  of  the  mandible      The  upper  molar  premolar  series  is 

present  and  the  lower  series  back  of  Pt      The  jaws  have  not  been 


Flint  Creek  Beds. 


separated  and  the  grinding  faces  of  most  of  the  molars  are  still  hidden. 

The  teeth  are  of  the  brachydont  pattern  and  are  much  like  those  of 
Poatrephes  paludicola,  the  species  just  described. 

The  upper  canine  was  large,  P^  is  two-rooted  and  separated  from 
the  canine  by  a  short  space.  Pj  and  Pj  are  of  the  usual  Oreodont 
pattern. 


180  Annals  of  the  Carnegie  Museum. 

The  skull,  especially  the  facial  portion,  is  short.  The  malar  por- 
tion of  the  zygomatic  arch  is  heavy  and  its  lower  border  has  two 
rounded  angles.  If  the  post-orbital  processes  of  the  jugal  and  frontal 
united  at  all  they  must  have  formed  a  very  narrow  bridge  behind  the 
orbit.  The  squamosal  portion  of  the  zygomatic  arch  rises  quite  ab- 
ruptly from  a  little  behind  the  malar.  On  the  postero -inferior  portion 
of  this  ascending  portion  is  a  long  elliptical  rugose  convexity. 

The  meatus  auditorms  externus  is  peculiar.  It  opens  backward,  out- 
ward and  upward,  the  outer  portion  being  a  short,  large  tube.  Inward 
from  this  it  is  wedge-shaped,  something  like  that  in  Poatrephes,  but 
in  this  specimen  the  apex  is  turned  forward  and  fits  closely  against  the 
horizontal  portion  of  the  zygoma  and  the  posterior  portion  of  the 
post-glenoid  process.  It  is  possible  that  in  one  of  these  specimens 
the  meatus  is  slightly  displaced.  There  undoubtedly  was  a  tympanic 
bulla,  but  it  is  lost.  The  paroccipital  process  has  much  the  same 
form  as  in  Poatrephes,  but  is  not  so  broad.  The  occipital  condyles 
and  the  foramen  magnum  are  large.  The  orbit  is  large.  The  infra- 
orbital foramen  opens  above  P^. 

The  portion  of  the  mandible  preserved  is  much  like  that  oi  Eporeo- 
don.  The  lower  border  of  the  mandible  slopes  gradually  backward  to 
the  angle.     The  masseteric  fossa  does  not  extend  so  far  down. 

Mkasukfments.  .,„ 

Aim. 

Length  of  upper  molar- premolar  series 88 

Length  of  premolar  scries 43 

Length  of  molar  series 45 

"Depth  of  zygomatic  arch  under  orbit 20 

Width  of  auditory  meatus  antero-|>osterii)r 20 

Witlth  of  paroccipital  process 21 

Width  of  jKxipiial  condyles 43 

Witilh  of  foiamen  magnum 21 

I)epth  of  rnandihle  under  anterior  |.H>rlion  of  third  molar 38 

The  name  of  this  species  is  given  in  honor  of  my  friend,  Prof. 
F.  1).  Smith,  who  so  kindly  gave  aid  and  encouragement  in  the  col- 
lecting of  fossils  from  these  beds. 

Ma1)1m)N  Vai  i.kv  Hkds. 

PISCKS. 

No.  857.      Kig.  20. 

The  only  cvidciK  c  of  the  occurrence  of  fish  remains  in  this  forma- 
tion is  the  centrum  of  one  of  the  anterior  \ertebnii.      It  represents  a 


Douglass  :  Vertebrates  from  Montana  Tertiary.       181 


large  fish.     It  was  found  in  the  beds  of  sand  and  gravel  about  nine  or 
ten  miles  south  of  Logan. 

Mm. 
Length  of  centrum 21 

Width-   ** 


(( 


19 


MAMMALIA. 

RODENTIA. 

SciuRUs  sp. 

XT  ^        T--  Fig.  20.  Vertebra  of 

No.       746.  Fig.       21.  /.     ,         /XT  O  X  T 

'^  ^  fish  (No.  857).     Loup 

Part  of  a  left  mandibular  ramus  from  the  Loup    Fork,  Lower  Madison 

Fork  of  the  Lower  Madison  Valley.  Valley.      End    view, 

This  is  about  the  size  of  the  corresponding  jaw  ^^^^^^  ^*^^- 
of  the  black  squirrel.  The  most  noticeable  pe- 
cularities  are  the  prominence  of  the  ridge  for  the  attachment  of  the 
inner  part  of  the  masseteris  lateralis  muscle,  the  anterior  position  of 
the  anterior  angle  of  the  masseteric  fossa,  the  length  of  the  mandi- 
ble anterior  to  the  molars,  and  the  anterior  position  of  the  mental 
foramen.  The  lower  border  of  the  anterior  portion  of  the  jaw  as  far 
back  as  the  beginning  of  the  angle  is  the  arc  of  a  circle. 

The  length  of  the  molar-premolar  series  is  less  than  in  »S.  vortmani^ 
and  the  mandible  is  not  so  deep.     The  premolar  is  the  smallest  tooth 

of  the  series,  and  the  molars  are  nearly 
equal  in  size.  The  teeth  are  oblique  as  in 
Arctomys. 


Measurements. 


Mm, 


Length  of  incisor  to  back  of  M3 24 

Length  of  molar  premolars 9 

SCIURUS    ARCTOMYOIDES   Sp.    nOV. 

No.  741.     Fig.  22. 

A  small  portion  of  a  skull  with  the  in- 
cisors and  three  anterior  cheek  teeth  and 
the  greater   part  of  a   mandible.     It   was 
with  the  skeleton  of  Palcearctomys  montanus  in  the  Loup  Fork  beds 
of  the  Lower  Madison  valley. 

The  upper  incisors  have  a  slight  median  longitudinal  depression  on 
the  anterior  surface,  which  is  also  covered  with  minute  interrupted 
striations.     The  anterior  premolar  is  minute.     The  last  premolar  is 


Fig.  21.  Sciurus  sp. 
(No.  746).  Loup  Fork, 
Madison  Valley.  Natural 
size. 


182  Annals  of  the  Carnegie  Museum. 

many  times  larger  but  not  nearly  so  large  as  Mi.  The  teeth  are 
intermediate  between  those  of  Sciurus  and  Arctomys,  rather  more 
resembling  some  species  of  the  former.  On  P^  and  M^  the  three 
cross-crests  are  very  distinct  and  the  posterior  cingulum  is  well 
developed.     From  the  Loup  Fork  beds,  Lower  Madison  Valley. 


Fig.     Sciurus  arctomyoides  {^^o.  T^i).     Lower  Madison  Valley.     Natural  size. 

The  lower  incisor  is  laterally  compressed  and  has  minute  striations 
on  the  anterior  face,  like  the  upper  ones.  P^  is  smaller  than  any  of 
the  molars  and  has  four  tubercles.  My  and  M^  have  four  tubercles 
each  and  minute  inner  and  outer  intermediate  ones.  The  teeth  are 
oblique,  as  in  Arctomys  monax^  only  not  so  much  so.  All  the  molars 
are  nearly  of  the  same  size.  The  mental  foramen  is  placed  quite  far 
forward,  being  considerably  in  advance  of  the  premolar.  The  anterior 
angle  of  the  masseteric  area  is  higher  than  in  Arctomys  and  extends 
far  forward,  being  a  little  below  the  premolar. 

Measurements. 

Mm. 

Length  of  the  anterior  upper  cheek  teeth 8 

"    of  last  premolar 3 

Width  of  last  premolar 3.3 

Length  of  lower  molar-preraolar  series 16 

**      from  incisor  to  P^ 12 

Depth  of  mandible  under  My 12 

PALi^ARCTOMYS    gCn.   nOV. 

No.  740.     Fig.  23. 

Teeth  nearly  like  those  of  Arctomys^  but  small  in  proportion  to  the 
size  of  the  skull.  Incisors  large  and  strong,  with  many  minute  inter- 
rupted longitudinal  striations  and  two  or  more  larger  convex  ridges 
separated  by  shallow  longitudinal  furrows  on  the  anterior  faces. 
Skull  large  and  strong  anteriorly,  in  this  respect  differing  much  from 
Sciurus  and  Arctomys.     Temporal  ridges  uniting  farther  forward  at  a 


Douglass  :  Vertebrates  from  Montana  Tertiarv. 


183 


greater  angle  than  in  Arctomys  monax.  The  most  peculiar  character- 
istic is  the  presence  of  two  chambers  opening  posteriorly  between  the 
posterior  nares  and  the  posterior  portion  of  the  palate.  1  have  not 
observed  this  in  any  other  animal. 

Palcearctomys  montamis  is  the  type  of  the  genus. 

Pal.earctomvs  montanus  sp.  nov. 
No.  740.      Fig.  23. 
This  species  is  represented  by  a  large  part  of  a  skeleton  found  in 
the  same  beds  as  P.  macrorhimis.     The  skull  is  longer  in  the  pres- 
ent species.     The  upper  incisors  have  more  longitudinal  ridges  on  the 
anterior  faces  ;  the  transverse  dmeiater  is  somewhat  less  and  teeth  are 


Valley.      Skull 


longer,  /.  e.,  they  project  farther  from  the  jaws.  The  skull  does  not 
differ  greally  from  that  oi  Ar^totnys  nionax  so  far  as  shown  except  in 
what,  for  convenience,  I  will  call  the  posl-palatine  cavities,  and  in  the 
size  of  the  muzzle.  The  incisors  are  very  much  larger  than  in  that 
species.      Not  all  of  the  skull  is  preserved. 

The  mandible  resembles  that  of  Arctomys,  but  is  very  much  more 
robust.     This  is  especially  noticeable  in  the  anterior  part,  where  it  is 


184  Annals  of  the  Carnegie  Museum. 

very  heavy,  and  in  the  condylar  process.  The  symphyseal  suture  is 
large.  The  anterior  part  of  the  jaw  is  farther  strengthened  by  a  ridge 
which  passes  from  the  upper  part  of  the  symphyseal  suture  obliquely 
around  the  outside  of  the  jaw  backward  and  downward  to  the  chin. 
The  anterior  border  of  the  coronoid  process  slopes  upward  and  back- 
ward uniformly,  in  a  nearly  straight  line,  to  near  the  tip,  where  it  is 
broken  off.  The  lower  teeth  are  much  smaller  than  those  oi  Ar^tomys. 
The  other  parts  of  the  skeleton  so  far  as  preserved  are  much  like  those 
of  Arctomys. 

Mrasi-remknts. 

Mm. 

length  of  skull loo 

Length  from  anterior  of  incisors  to  posterior  of  lygomHlic  arch 78 

Width  of  skull  at  post-orbital  constriction 21 

Depth  of  snout  just  anterior  (o  anterior  root  of  zygomatic  arches 17 

Depth  just  back  of  incisor 25  . 

Width  just  back  of  incisor 31 

A nlero- posterior  diameter  of  upper  incisors 9 

Transverse  diameter  of  upper  incisors  ., 4.5 

Length  of  mandible  including  incisor 70 

Length  of  lower  molar- premolar  series 15.5 

Depth  of  mandible  of  middle  of  symphysis 14.5 

Pal-earctomvs  macrorhinus  sp.  nov. 
No.  733.     Figs.  24  and  25. 
The  type  of  this  species  is  a  skull,  lacking  the  nasals  and  the  pos- 
terior portion  of  the  cranium.     The  skull  is  very  robust  and  about  the 


size'of  that  o(  Arr/omys  inonax,  but  the  region  in  front  of  the  orbits  is 
very  much  deeper  and  wider.     The  incisors  are  also  much  larger. 


Douglass  :  Vertebrates  from  Montana  Tertiary.       185 

Each  has  three  longitudinal  convexities  on  the  inner  face,  also  many 
minute  wrinkles  or  discontinuous  striations  covering  these. 

The  cheek  teeth  seem  ridiculously  small  for  such  a  large,  robust 
skull.  It  seems  that  the  animal  was  particularly  fitted  for  gnawing,  as 
Mylagaulus  was  for  grinding  or  breaking  hard  substances.  The  third 
premolars  (the  first  of  the  back  teeth)  are  both  shed,  but  the  alveoli 
show  that  they  each  had  but  one  small  root. 


ticat  slits  opening  at  the  a 

rer  the  orbits  and  higher  than  in 

inside  the  zygomatic  arch  at  the 

I  large  convexity.     Another  is 


Fjg.  25.  Same  as  24.     Lower  vien- of  skull.     Nmural  size 

The  infraorbital  foramina  are  v 
roots  of  the  zygomatic  arches  nt 
Arclomys.  Above  the  molars  an 
lower  portion  of  the  orbital  foss; 
placed  above  and  in  front  of  it.  At  the  posterior  portion  of  the  palate 
is  another  peculiar  structure.  There  are  two  cavities  between  the  pos- 
terior portion  of  the  palate  and  the  opening  of  the  posterior  nares. 
I  am  unable  to  determine  in  just  what  proportion  the  palatines  and 
pterygoids  enter  into  the  formation  of  these  cavities.  The  form  is 
very  well  shown  in  the  figure.  They  extend  forward  a  short  distance 
above  the  posterior  portion  of  the  palate.  Whether  they  open  ante- 
riorly into  the  posterior  nares  is  not  quite  certain,  but  If  so  the  open- 
ing is  small.  The  roof  is  thin.  The  posterior  border  is  thick, 
rounded,  and  V-shaped.     There  is  a  thin  partition  partly  separating 


186  Annals  of  the  Carnegie  Museum. 

these  cavities.     The  posterior  opening  of  the  nares  is  about  the  same 

size  as  in  Arctamys^  but  it  opens  more  downward,  as  the  basisphenoid 

is  more  steeply  inclined. 

Measurements. 

Mm. 

Length  of  skull  to  posterior  portion  of  zygomatic  arch 63 

Width  of  skull  between  orbits 30 

Greatest  width  of  skull  including  zygomatic  arches 60 

Depth  of  skull  at  anterior  beginning  of  zygomatic  arches 22 

Width  of  palate  between  first  molars 15 

Length  of  molar-premolar  series 16 

Antero-posterior  diameter  of  upper  incisor 7 

Transverse  diameter  of  upper  incisor 5 

Mylagaulus  Cope. 

Several  lower  jaws  and  teeth  of  Mylagaulidae  from  the  Loup  Fork 
of  Montana  throw  considerable  light  on  the  tooth  structure  and  the 
development  of  the  characteristic  dentition  of  this  family.  No  skulls 
were  found,  but  the  upper  dentition  undoubtedly  kept  pace  approxi- 
mately with  the  lower.  This  is  true  of  the  species  Ceratogaulus 
rhinoceros  Matthew,  and  Mylagaulus  lavis  Matthew  in  the  American 
Museum  of  Natural  History. 

The  specimens  here  described  may  not  all  belong  to  the  genus 
Mylagaulus^  but  they  undoubtedly  belong  to  the  same  family.  I 
think  it  better  to  include  all  under  Mylagaulus  until  more  complete 
material  is  found. 

In  one  specimen  (J/,  pristinus)  the  erupting  large  premolar  was 
apparently  pushing  out  with  its  posterior  portion  a  short-crowned, 
long-rooted  tooth.  Its  anterior  portion  is  replacing  a  tooth  only  a 
portion  of  one  root  of  which  remains.  In  two  other  specimens  the 
large  premolar  has  missed  this  short-crowned,  rooted  tooth ;  or  the 
anterior  portion  of  the  latter  has  apparently  been  absorbed  and  its 
posterior  portion  still  remains  between  the  large  premolar  and  the 
first  prismatic  molar. 

There  can  be  little  doubt  that  this  last  rooted  tooth  is  a  milk  molar. 
It  is  not  at  all  prismatic,  has  long  roots,  is  much  worn  in  the  young 
animal,  and  in  one  case  is  being  shed.  The  permanent  premolar  and 
the  two  permanent  molars  are  prismatic.  In  the  descriptions  which 
follow,  the  rooted  tooth  above  described  will  be  designated  as  the 
fourth  temporary  molar,  ^m^.  If  the  above  conclusions  be  true  the 
large,  permanent,  prismatic  premolar  replaces  two  temporary  molars. 


Douglass:  Vertebrates  from  Montana  Tertiary.       187 

» 

In  one  specimen  the  posterior  inner  root  of  dm 3  is  still  preserved  in 
place. 

It  appears,  then,  that  the  young  of  Mylagaulus  has  two  milk  molars. 
If  all  described  below  belong  to  Mylagaulus  at  a  certain  stage  during 
the  life  of  the  animal,  there  are  two  milk  molars  and  two  permanent 
molars  ;  while  in  some  cases  in  old  age  there  is  only  one  tooth  to  take 
the  place  of  all  these  —  a  large  premolar.  Thus  it  is  not  improbable 
that  some  individuals  which  had  twenty  teeth  at  one  time  of  life  were 
finally  reduced  to  four. 

The  molar  that  is  wanting  in  the  adult  animal  is  apparently  the 
first,  as  there  is  no  evidence  of  the  loss  of  Mg^.  The  development  of 
the  first  molar  is  evidently  prevented  by  the  large,  permanent  pre- 
molar.    Perhaps  under  favorable  conditions  rudiments  of  My  might 

be  found. 

Mylagaulus  ?  pristinus  sp.  nov. 

No.  742.     Fig.  26. 

Mandible  robust.  Anterior  and  posterior  angles  widely  separated, 
the  former  extending  far  below  the  lower  border  of  the  horizontal 
ramus  and  rounded,  the  latter  oblique,  high  and  projecting  laterally 
far  outward.  Permanent  premolar  large,  very  high,  and  with  short 
roots.  The  fourth  temporary  molar,  which  is  retained  in  the  present 
specimen,  is  short,  low,  and  has  long  roots.  Molars  y  and  ^  are  of 
moderate  size  and  hypsodont.  The  enamel  inflections  and  lakes  on 
the  last  temporary  premolar  and  the  two  molars  are  either  antero- 
posterior or  oblique. 

The  large  permanent  premolar,  though  quite  young,  is  somewhat 
worn  on  the  grinding  surface.  It  has  six  enamel  inflections,  most  of 
which  are  oblique.  To  ascertain  the  form  of  the  enamel  pattern  far- 
ther down,  the  tooth  was  sawn  in  two  about  half  way  from  the  top  of 
the  crown  to  the  root.  Here,  as  shown  in  Fig.  26,  r,  the  pattern  is 
exactly  that  of  Mylagaulus.  There  are  five  approximately  longi- 
tudinal lakes  in  three  rows,  as  in  M,  paniensis. 

My  is  nearly  worn  out.  It  is  closely  crowded  against  the  premolar, 
and  on  the  anterior  portion  next  to  this  tooth  the  enamel  is  absent. 
Like  the  corresponding  tooth  in  specimen  No.  723,  to  be  described 
later,  it  looks  as  if  the  anterior  portion  of  the  tooth  has  been  absorbed. 
If  the  animal  had  lived  the  tooth  would  evidently  soon  have 
been  shed.  M^  is  prismatic  and  quite  high  though  its  lower  portion 
cannot  be  seen.     M^  cannot  be  very  high  on  account  of  its  proximity 


Annals  of  the  Carnegie  Museum. 


to  the  posterior  portion  of  the  incisor.     It  is  undoubtedly  much  like 
the  corresponding  tooth  of  No.  723. 

It  is  possible  that  in  old  age  one  o 
shed,  leaving  only  the  prismatic  premol; 
this  tooth  and  Mj-  as  in  J/]  paniensis  f 

This  species  difTers  from  M.  jnanodon 
premolar,  in  the  number  of  enamel  inflections,  in  the  angle  of  the 
mandible,  and  in  the  condyle.  The  posterior  angle  is  not  just  like 
anything  I  know  in  any  rodent.     It  projects  outward  and  is  twisted 


both  of  these',  molars  were 
.  as  seen  in  M.  monodon,  or 


n  the  size  of  the  permanent 


r  (No.  742).  J«wer  .Madison  V.Uey.  L«ft 
a,  side  viea,- ;  b,  Ihe  same,  lop  view  sbowing 
ing  section  of  P,  at  place  indicslcd  in  a,  where 


FlCI.  i6.  Myla-aalut 
mnus  of  mandible.  \  \ 
crowns  of  leelh  -,  (,  the  ? 
the  loolh  was  sawed  in  Iw 


on  itself  so  ihat  anterior  surface  faces  upward  and  forward  more  than 

outward.     This  terminatts  in  a  lcnticular-shai)ed  surface  facing  down- 
ward, backward  ami  outward. 


Lrnsili^fn. 


Douglass:  Vertebrates  from  Montana  Tertiary.       189 

Depth  of  mandible  at  prismatic  premolar 13 

Dcplb  of  mandible  from  top  of  condyle  to  bottom  of  angle 30 

Height  of  premolar 14 

Length  of  premolar  at  alveolar  border 6 

Length  of  M, 4 

Width  of  Mi  3 

Length  of  My : 3 

Width  of  Mj 2.5 

Found  in  bluffs  of  Lower  Madison  valley,  Montana. 

Mylagaulus  PKOXiMus  sp.  nov. 
No,  842.     Fig.  27. 

Part  of  a  mandible  with  the  anterior  portion  and  the  angle  gone. 
Il  is  smaller  and  less  robust  than  the  corresponding  part  of  M.  prox- 
imus,  not  being  so  deep,  so  thick,  or  so  long.  The  condyloid  proc- 
ess is  shorter  and  not  so  broad  an tero- posteriorly,  and  the  articular 
process  is  broader  transversely. 
This  is  a  somewhat  younger  ani- 
mal than  the  preceding. 

When  the  animal  died  the  large  'Tk'V  ^^ 

permanent  premolar  was  erupting  ""^ 

and  had  nearly  reached  the  alveolar 
border.  This  tooth,  being  much 
larger  than  its  two  predecessors,  the  ^^ ' '  ''^^ 
portion  of  the  jaw  containing  the 
roots  of  the  latter  had  to  be  ab- 
sorbed. A  small  part  of  this  alve- 
olar portion,  with  one  root  of  the  f 
anterior  temporary  molar  remains 
above  the  postero -external  portion  j.,,,  ^^  Myl^s""''^  f-"""'"' K^-^- 
of  the  large  premolar.  The  last  343).  Lower  Madison  valley.  |  nal- 
temporary  molar  being  unreduced  ural  size,  a,  inner  view  of  portion  of 
in  an  tero -posterior  diameter  was  mandible.  The  lai^e  permanent  pre- 
beingpushedout  by  thisnewtOOlh.  "">'"  ""Ption.  b,  the  same,  upper 
,_,  .       ...                                1         u                 view;    p,    permanent    premolar;  dp,. 

This    last    temporary   molar    has  a      ,^     .         "^  ,       ' 

^         '  apf,  temporary  molars, 

larger  grinding  surface  than  that  of 

M.  proximus,  but  is  low,  nearly  worn  ont,  and  has  two  long  slender  roots. 

P  J  is  not  as  large,  but   it  would  undoubtedly  have   become  larger 

as  there  is  a  considerable  sjiace  between  its  posterior  border  and  the 

anterior  border  ofM  j.     This  last  tooth  is  long  vertically  on  account 


190  Annals  of  the  Carnegie  Museum. 

of  its  greater  age,  longer  than  the  premolar.  It  appeais  to  be  open 
below  and  not  to  have  completed  its  growth.  It  is  very  doubtful  if 
this  tooth  would  be  shed  during  the  lifetime  of  the  animal.  It  had 
not  yet  come  into  use,  at  least  it  is  not  worn,  though  it  projects  some 
distance  above  the  alveolar  border.  M,  was  just  erupting.  Evidently 
the  two  temporary  molars  and  the  two  permanent  ones  were  about 
equal  in  length  and  width. 


Depth  of  ramus  under  last  molar it 

Length  of  dental  series 13 

A ntero- posterior  diameter  of  immaluie  permanenl  premolar 6 

Leoglb  of  dwj  and  ms^  and  ,  each 3 

Same  beds  as  the  preceding. 

Mylagaulus  sp. 
No.  723.      Fig.  28. 
This  specimen,  which  is  a  portion  of  a  lower  jaw,  has  lost  the  pris- 
matic premolar,  which  judging  by  the  inner  portion  of  the  alveole. 


Flc.  z8.  Mylagauliii}  (No,  723),  Lower  Madison  valley.  \  natural  size,  a, 
portion  of  jaw  showing  alveolus  of  I'j  ,  dp,^?  and  Mj?  M,?  ;  i.  crown  view  of  same, 
Pj  ;  nl,  alveolus  of  permanenl  premolar,  dp^  temporary  premolar, 

was  proportionally  as  large  as  in  the  specimen  just  described.  The 
last  temporary  premolar  is  much  reduced,  as  if  by  partial  absorption, 
as  in  the  specimen  oi M.  proximus  (No.  842).  Its  antero- posterior 
is  half  its  transverse  diameter.  The  crown  is  nearly  worn  down  to 
the  roots.  Mj  is  not  so  high  as  in  M.  prisiinus.  Mj  is  still  lower. 
Both  the  molars  might  be  shed  in  old  age. 


Douglass:  Vertebrates  from  Montana  Tertiary.       191 

Measurements. 

Mm. 
From  front  of  incisor  to  back  of  j 26 

Length  of  alveolus  of  permanent  premolar 6 

Length  of  dp^j 1.2 

Width    **    " 3 

From  the  Lower  Madison  Valley. 


Mylagaulus  Paniensis? 

No.  731.     Fig.  29. 

A  separate  permanent  premolar  (No.  731)  found  in  the  lower  Madi- 
son Valley  beds,  may  belong  to  the  above  named  species.    It  is  figured 
to  show  the  partial  covering  of  cement  which  is  quite  thick  on  the 
middle   portion  of  the   tooth,  but  thins  out   to 
wards  the  top,  so  that  the  enamel  is  nearly  bare.  s 

Rodent. 

No.  802.  ,^« 

An  incisor  tooth  from  the  Loup  Fork  beds  of 
the  Lower  Madison  valley  indicates  a  large  rodent 
— larger  than  the  existing  beavers.  Judging  by 
its  curvature  it  is  an  inferior  incisor.  On  the 
anterior  surface  there  are   about  a  dozen   small      ,        /      ^ '   .     .  ' 

lagaulus    paniensis  ? 

longitudinal  striae  with  still  smaller  cross-stria-  r^^  T\i).  Lower 
tions.  The  striated  enamel  surface  reaches  from  Madison  valley.  \\ 
the  anterior  inner  angle  of  the  tooth,  where  it  natural  size,  a,  per- 
is bounded  by  a  longitudinal  groove,  to  near  the  manent premolar, side 

middle    of     the   outer  surface,    where     it   ends       .      '   '         ' 

view. 

abruptly,  this   surface   being  somewhat  elevated 
above  the  surface  just  posterior  to  it.     The  antero-posterior  is  much 
greater  than  the  transverse  diameter,  making  it  less  near  an  equilat- 
eral triangle  in  section  than  the  corresponding  tooth  of  the  Beaver, 
Castor  canadensis. 

Mm. 

Antero-posterior  diameter  of  tooth 12 

Transverse  diameter 8.5 

Length  of  portion  of  tooth  preserved 80 


192  Annals  of  the  Carnegie  Museum. 

CARNIVORA. 

MUSTELA  ?    MINOR  Sp.   nOV. 

No.  848.     Fig.  30. 

The  type  is  a  left  mandibular  ramus,  lacking  the  incisors,  the  coro- 
noid  process  and  the  condyle.  It  was  found  in  a  clay  cliff  near  the 
bottom  of  the  Loup  Fork  beds  in  the  Lower  Madison  Valley.  It  is 
smaller  than  the  corresponding  part  of  M.  ogygia  Matthew/  being  a 

little   over  one  half  the  length.     The 

canine    is     semi -procumbent.       There 

were  three  premolars.     Pj  is  lost,  but 

its  two  minute   alveoli   can   be  seen  ; 

the  anterior  one  is  confluent  with  that 

Fig.  30.     Mustela  minor  (No.    ^f  ^y^^  canine.     P3"  has  a  rudimentary 

848).    Lower  Madison  valley.    Left    ,       ,        t     r>     ^.u     u     1    •      u  *.*.        j        ^ 

'     r        j.,^,       ,  1   •       heel.     In  Pj  the  heel   is  better  devel- 

ramus  of  mandible.     |  natural  size.  * 

oped  and  there  is  a  small  accessory  cusp 
on  the  posterior  outer  side  of  the  protoconid.  There  is  also  a  small 
anterior  rudimentary  cusp.  The  carnassial  has  a  well -developed  inner 
cusp.  M^  was  small  and  set  partly  in  the  ascending  ramus.  The 
angle  of  the  jaw  is  nearly  like  that  of  the  common  weasel.  The 
masseteric  fossa  is  very  deep. 

lam  in  doubt  whether  this  should  be  placed  in  the  genus  Mustela, 
as  it  differs  from  most  or  all  of  the  known  species  in  having  only 
three  crowded  premolars  and  having  a  well-developed  metaconid  on 
My.     There  are  other  slight  differences. 

DiNOCYON    OSSIBRAGUS    sp.    nOV. 

No.  790.     Figs.  31  and  32. 

Portions  of  the  skull  and  teeth  of  this  large  carnivor  were  found  in 
a  sandy  stratum  in  the  Loup  Fork  beds  of  the  Lower  Madison  Valley. 
Enough  of  the  fragments  have  been  fitted  together  to  give  some  idea  01 
the  great  size  of  the  animal.  Judging  by  the  parts  preserved  it  was 
much  larger  than  the  grizzly  bear,  but  not  quite  so  large  as  the  cave 
bear,  Ursus  spchcus.  The  skull  was  evidently  not  less  than  seventeen 
inches  in  length  and  probably  considerably  longer.  The  length  of 
the  last  upper  premolar  and  the  two  molars  is  nearly  the  same  as  that 

• 

'Fossil  Mammals  from  Colorado.  Memoirs  Am.  Mus.  JVat.  his.^  Vol.  L,  Part 
VIL,  p.  383,  Figs.  8  and  9. 


Douglass  :  Vertebrates  from  Montana  Tertiary.       193 

of  the  corresponding  teeth  of  Amphkyon  major  which  is  figured  in  de 
Blainville's  Osteographie. 

The  face  is  short  and  the  teeth  crowded  together  without  disaste- 
mata.  The  last  three  premolars  are  preserved  and  there  appears  to 
have  been  a  small  first  premolar.     A  part  of  the  posterior  portion  of 


the  alveolus  of  tHe  canine  is  present  and  is  but  a  slight  distance  in 
front  of  P2.  What  appears  to  be  a  small  portion  of  the  alveolus  of 
Pl  is  also  preserved,  but  it  must  have  been  small  and  crowded  be-  , 
tween  the  canine  and  P5.  The  posterior  portion  of  the  skull,  espe- 
cially the  mastoid  portion,  is  massive.  The  mastoid  and  postglenoid 
process  are  bear-like,  while  the  teeth  have  the  general  pattern  of  those 
of  the  dogs,  but  are  low,  strong,  blunt,  and  simple,  as  if  formed  for 
grinding  and  crushing  rather  than  for  cutting.  The  worn  condition 
of  the  teeth  shows  further  evidence  of  this. 

There  is  a  deep  concavity  in  the  face  posterior  to  the  root  of  the 
canine  and  anterior  to  the  infraorbital  foramen.  The  foramen  opens 
into  this  concavity.  It  is  above  I'a,  is  oblong-elliptical,  and  opens 
forward  and  upward. 

Just  above  the  foramen  magnum  the  occipital  projects  backward  and 
is  separated  into  two  lateral  concavities  by  a  deep  median  groove. 
The  occipital  condyles  are  broad  and  the  articular  faces  quite  widely 
separated  below  ahhough  this  character  is  not  shown  in  the  figure. 
The  basioccipital  has  a  sharp  narrow  median  ridge  and  there  are  two 
lateral  convexities  about  one  inch  forward  of  the  condyles. 


194 


Annals  of  the  Carnegie  Museum. 


The  dental  formula,  as  previously  indicated,  was  probably  I^,  C^, 
P*,  MS,  though  possibly  there  were  but  three  premolars. 

The  third  incisor  —  the  only  one  preserved  —  Is  can ini form,  and 
posteriorly  there  is  a  groove  worn  by  contact  with  the  lower  canine. 
P2  is  oblong,  the  apex  being  anterior  to  Ihe  middle.  P'  is  much 
longer  and  the  posterior  portion  is  broader  than  the  anterior.  P^  has 
no  anterior  Inner  cusp,  but  there  Is  a  broadening  of  the  crown  with  a 


yir..   32.      DiH.vu'H  ,:si/-r„^-u,  <  No,  Tyo\-      Ij.up  K.irk.  Ixiwcr   Madison  v.lley. 
\  natural  size. 

gentle  slope  to  accommodate  the  inner  root.  M'  is  broad,  Its  trans- 
verse being  far  greater  than  its  anicro  posterior  diameter.  The  outer 
cusps  are  worn  down  to  Iwo  slightly  uonvf  n  areas.  The  inner  cusp  is 
low  and  crescent -shaped.  'I'hc  inner  cinjjiiluiii  is  liroa<li.-st  and  most 
prominent  postero- internally  to  the  inner  cusp,  whtre  il  forms  a  large 
evenly  convex  ridt;e.  The  second  molar  nn  ihe  right  siile  docs  not 
ap]>ear  to  be  a  normal  tooih. 


Douglass  :  Vertebrates  from  Montana  Tertiary.       195 

I  include  this  provisionally  under  Dinocyon  on  account  of  the  num- 
ber of  upper  molars,  and  the  shortness  of  the  face. 

Measurements. 

Mm. 

Length  of  the  last  3  premolars  and  the  2  molars Il6 

Lenglh  of  Pi 17 

Width    -    ■' 11 

Length  of  Pi 23.S 

Width   "    "  15 

Length  of  pi  35 

Width    "   ■■   23 

Lenglh  of  Ml 30 

Width    "    "    41 

Width  of  occipital  condyles 72 

"      "   foramen  magnum 28 

PERISSODACTYLA. 

ApHELOPS?   CERATORHINUS   sp.   nov. 

No   857      Figs.  33,  34  and  35. 

Part  of  the  skull    mandible  and  limb  bones  of  one  individual  were 

found  together     n  the  Lower  Madison  valley,  about  five  miles  south 

of  the  town  of  Logan      Other  portions  of  skeletons  were  obtained 


Fig.  34.  Aphelopsf  aralorhinus  (No.  B57).     Nasals.     Loup  Fork.     )  natural  size. 

which  may  belong  to  the  same  species,  but  they  are  not  now  accessi- 
ble. 

Size  large.     Nasals  long,   heavy,  and  horn-bearing.     Molars  anij 
P*  with  anterior  process  to  posterior  cross-crests.     Pi  small,  the  others 


Annals  of  the  Carnegie  Museum. 


Douglass  :  Vertebrates  from  Montana  Tertiary.       197 

with  cingu la  around  posterior  cross-crest.     Small,  inner,  median,  in- 
termediate tubercles  on  P^  and  *.      Mandible  long  and  slender. 

The  teeth  are  much  like  those  of  A.  malocorhinus,  but  the  nasals  are 
different.  On  the  top  near  the  extremities  are  convex  rugosities  in- 
dicating the  presence  of  horns. 

Measurements. 

Mm. 

Length  of  nasal  processes 17S 

Length  of  upper  niolar  premolat  series 268 

Length  of  lower  molar  premolar  series 250 

Length  of  mandible  10  anterior  of  Pj 440 

Depth  of  mandible  under  Mi, 108 

Depth  of  mandible  under  Pj 84 

ARTIODACTVLA. 

PaijEOmeryx?  borealis? 

No.  806. 

A  portion  of  the  middle  upper  portion 
of  a  skull  with  the  bones  broken  off  at 
the  bases  agrees  in  ever  particular  shown 
with  Palaonuryx  9  borealts  from  the 
Fhnt  Creek  beds,  and  it  undoubtedly 
belongs  to  the  same  genus  if  not  the 
same  species. 

Mervcodus?  necatus?  Leidy. 
No.  857.  Fig.  36. 
Part  of  an  antler  from  the  Madison 
valley  is  much  like  the  one  figured  in 
Leidy's  Extinct  Mammalian  Fauna  as 
Cfnms  warreni.  It  is  longer  and  the 
burr  is  higher  above  the  base. 

Mervcodus  ? 
No.  804.     Fig.  37. 

Fig.  36.     Mcryiodus?   neca-  t,,  .     .            ..        ,,_               ,              , 

/»?  (No.    8i7).      Portion    of  ^'^'^ '^   <1"'*^   different   from    the   pre- 

aniler.  LoupFork.  Lower  Madi-  ceding.      It   is   much   larger  and  propor- 

lon  Vallef.    J  natural  size.  tionally  higher.     The  burr  is  v«ry  large 


Annals  of  the  Carnegie  Museum. 


and  is  nearer  to  the  base  of  the  antler.     Above  the  burr  the  surface 
is  much  roughened. 

PROBOSCIDEA. 

Mastodon. 
No.  785- 
In   the  collection  from  Loup  Fork  beds  of  the  Madison  valley  is 

the  mandible  of  a  young  mastodon,  which  is  of  interest  on  account 
of  its  possessing  the  milk  dentition.  On  one 
side  the  first  premolar  is  present.  It  is  a  small 
tooth,  only  a  fraction  of  the  size  of  the  suc- 
ceeding one.  It  is  elliptical  in  section,  be- 
ing longer  than  wide.  The  anterior  portion 
is  conical.  Back  of  this  and  separated  by  a 
shallow  transverse  groove  is  a  double  heel  or 
perhaps  a  rudimentary  cross-crest,  which  by 
another  slight  groove  is  divided  on  top  into 
two  lateral  tubercles,  the  outer  one  being  the 
larger,  dpj  is  worn  on  the  grinding  surface. 
There  were  two  principal  cross-crests;  the 
posterior  ones  are  the  larger,  and  the  outer 
portion  of  the  latter  is  much  larger  than  the 
inner  portion.  Three  small  circular  spots  where 
the  enamel  is  worn  through  indicate  three 
tubercles  on  the  anterior  portion  of  the  tooth. 
There  was  also  a  posterior  median  tubercle 
behind  the  posterior  cross-crest,  and  on  the  out- 
er side  of  this  a  smaller  manimillary  tubercle. 
On  P^  there  are  three  principal  cross-crests 
with  at  least  two  anterior  and  two  posterior 
accessory  ones.  The  principal  cross-crests  are 
Fir.    37     Mfryioiiuif  ^^^  3"*'  unworn,  and  each    is  composed  of 

(No.    804).      Portion    of   two  principal   tubercles. 

antler.      Ijiwer     Madison    the    larger.        Of  the  tw 

valley.     %  natural  sLie.        composing   the   heel   the   i 
the  larger. 
P^  was  still  buried  in  the  base  of  the  ascending  ramus  back  of  P^, 

showing  the  mode  of  succession  to  be  just  as  in  modern   elephanis. 

It  was  composed  of  three  principal  high  cross-crests  each  with  two 

cusps,  as  in  P3  and  the  tooth  was  nearly  of  the  same  size. 


The  inner  ones  are 
posterior  tubercles 
3  is  slightly 


Douglass  :  Vertebrates  from  Montana  Tertiary.       199 

The  symphysis  was  quite  long.  Xhe  distance  from  the  symphysis 
to  Py  is  about  the  same  as  the  length  of  Pg . 

The  mandible  is  that  of  an  individual  so  young  that  I  cannot  at 
present  assign  it  to  any  species. 

Explanation  of  Plate. 

Contact  showing  unconformity  between  White  River  and  Loup  Fork  beds,  near 
Big  Round  Top  about  nine  miles  north  of  Logan,  Lower  Madison  valley,  Montana. 

The  lower  distinctly  stratified  beds  are  White  River  and  at  adjacent  localities 
numerous  fish  remains  were  found.     The  upper  less  regularly  stratified  beds  are  Loup 
Fork  and  contain  fossil  plants  and  mammals. 
Carnegie  Museum,  February  25,  1903. 


VI.     DESCRIPTION  OF   A    NEW   GENUS  AND  SPECIES  OF 
TORTOISE  FROM  THE  JURASSIC  OF  COLORADO. 

By  O.  P.  Hay. 

Probaena  gen.  nov. 

This  genus  and  species  is  based  on  a  single  specimen,  which  was 
collected  in  Jurassic  deposits,  more  specifically,  in  the  lower  por- 
tion of  the  Morrison,  or  Atlantosaurus,  beds,  in  the  *  *  Marsh  Quarry, '  * 
on  the  Felch  ranch,  eight  miles  north  of  Canyon  City,  Colorado.  The 
specimen  has  been  kindly  put  into  my  hands  by  Prof.  J.  B.  Hatcher, 
Curator  of  the  Department  of  Vertebrate  Palaeontology  of  Carnegie 
Museum,  Pittsburgh,  Pa.,  to  which  institution  it  belongs,  and  by  whose 
collector  it  was  secured  in  1901.     Its  museum  number  is  917. 

A  genus  closely  related  to  Barna,  but  with  a  more  depressed  carapace, 

the  hinder  border  of  which  is  little  or  not  at  all  notched.     Vertebral 

scutes  broader  than  the  costal  scutes.     Plastron  with  its  hinder  lobe 

rounded.     A  fontanelle  (permanent  ?)  between  the  inner  ends  of  the 

mesoplastra. 

Probaena  sculpta  sp.  nov. 

PI.  Ill,  Figs.  I  and  2. 

The  specimen  is  a  small  and  somewhat  imperfect  turtle,  being  repre- 
sented by  about  three-fourths  of  the  carapace  and  the  greater  portion 
of  the  plastron.  The  length  of  the  carapace  is,  at  present,  105  mm.,, 
and  this  is  very  near  the  original  length.  The  width  is  70  mm. 
The  shell  has  apparently  been  rather  flat,  but  it  was  doubtless  some- 
what less  so  in  life  than  at  present.  The  greatest  distance  between  the 
upper  and  the  lower  surfaces  is  now  27  mm.  The  borders  of  the 
carapace  behind  the  inguinal  notches  are  considerably  flared  upward, 
but  this  may  be  due  somewhat  to  post-mortem  distortion.  This  border 
appears  to  have  been  little  or  not  at  all  notched,  except  in  the  midline 
behind,  where  there  is  a  slight  excavation.  In  the  nearly  smooth 
hinder  border  this  genus  differs  from  the  species  oi  Ba'ena. 

Most  of  the  sutures  and  of  the  epidermal  sulci  are  obscure ;  and  in 
most  parts  of  the  carapace  the  sutures  are  incapable  of  determination. 
The  sulci  bounding  the  second,  third,  and  fourth  vertebral  scutes  are 
satisfactorily  seen.     These  scutes  have  been  very  broad,  each  about 

201 


202  Annals  of  the  Carnegie  Museum. 

34  mm.;  while  the  costal  scutes  have  been  only  about  half  as  wide. 
The  areas  occupied  by  the  median  scutes  are  conspicuously  sculptured. 
The  sculpture,  as  shown  by  the  third  scutal  area,  consists  of  ten  or 
twelve  prominent,  sharp,  uneven,  ridges,  which  radiate  forward  and 
outward  from  the  middle  of  the  hinder  border  of  the  area.  Evidently, 
a  somewhat  similar,  but  less  bold  sculpture  has  characterized  the  areas 
of  the  costal  scutes ;  but  these  surfaces  have  been  injured  so  that  it 
cannot  be  described.  There  is  no  evidence  of  the  presence  of  supra- 
marginal  scutes. 

On  the  left  side  the  costal  and  marginal  plates  have  been  broken 
away.  The  anterior  and  posterior  buttresses  of  the  plastron  have  thus 
been  revealed ;  and  it  is  evident  that  the  anterior  one,  joining  the 
second  costal  plate,  projected  inward  a  considerable  distance,  as  in 
Baena,  to  form  the  anterior  boundary  of  a  lateral  chamber,  whose 
posterior  boundary  was  formed  by  the  hinder  buttress  joining  probably 
the  sixth  costal  plate. 

When  the  costal  plates  broke  away  the  extremities  of  the  third, 
fourth  and  fifth  ribs  were  left  adhering  in  the  matrix.  These  have 
evidently  passed  downward  deeply  against  the  inner  sides  of  the  cor- 
responding marginal  plates,  as  in  Chelydra.  Such  was  probably  not 
the  condition  in  Ba'ena,  The  ends  of  the  ribs  are  terete,  not  flat  as 
in  most  other  cases.  So  far  as  can  be  determined,  there  were  no  fon- 
tanelles  between  the  costal  plates  and  the  marginals. 

Of  the  plastron  all  is  present  except  the  epiplastrals,  and  possibly 
the  anterior  part  of  the  entoplastron.  The  plastron  resembles  closely 
that  of  Ba'ena  ;  but  the  hinder  lobe  is  not  excavated  posteriorly,  but 
rounded.  There  is  a  considerable  fontanelle  between  the  inner  ends 
of  the  mesoplastra.  The  presence  of  this  may  be  due  to  the  immaturity 
of  the  specimen ;  but  judging  from  the  closeness  of  all  the  sutures  of 
our  specimen,  and  from  the  fact  that  in  Ba'ena  the  bones  soon  coossify, 
it  seems  probable  that  the  fontanelle  would  persist  till  a  late  period  of 
life. 

The  anterior,  as  well  as  the  posterior,  lobe  has  a  width  at  the  base 
of  36  mm.  The  posterior  has  a  length  of  30  mm.,  and  the  anterior 
has  probably  been  about  as  long.  The  posterior  lobe  diminishes  in 
width  rather  rapidly  backward.  The  entoplastron  has  been  unusually 
long  and  narrow  in  its  hinder  portion.  Nothing  can  be  determined 
regarding  the  presence  of  intergular  and  gular  scutes.  The  mesoplas- 
tron  is  narrowed  at  the  inner  end,  as  in  some  species  of  Ba'ena.  Each 
is  traversed  by  the  pectoro-abdominal  sulcus. 


Hay  :  Probaena  Gen.  Nov.  203 

The  bridge  is  30  mm.  wide,  fore  and  aft.  The  inframarginal  scutes 
which  covered  the  bridge  cannot  be  mapped  with  certainty,  but  there 
can  be  little  doubt  that  they  were  present  and  much  like  those  of  Baena, 

This  genus  is  certainly  closely  related  to  Baena^  and  it  may  be  ques- 
tioned whether  it  would  not  be  better  to  refer  the  species  to  this  genus. 
Most  of  the  characters  given  under  the  definition  of  the  genus  are 
hardly  of  generic  value  ;  but  considering  the  many  minor  differences 
between  the  species  and  those  of  Baenay  and  the  length  of  the  period 
intervening  between  the  Morrison  epoch  and  the  Belly  River  and 
Laramie  epochs  in  which  the  earliest  species  of  Baena  are  found,  it 
seems  probable  that  a  complete  skeleton  would  afford  more  satisfactory 
generic  characters. 

It  seems  at  least  very  certain  that  P,  sculpta  is  to  be  regarded  as  a 
form  ancestral  to  the  later  numerous  species  oi  Baena  which  have  been 
found  in  Belly  River,  Upper  Laramie,  Puerco,  Bridger  and  Uinta  beds. 
Dr.  Baur  regarded  Compsemys  plicatulus  as  the  forerunner  of  Baena 
{Proc.  Acad.  Nat,  Set.,  Phila.,  1891,  p.  421);  but  we  now  find  in  the 
same  quarry  from  which  C.  plicatitlus  has  been  reported  a  form  much 
nearer  to  Baena  than  is  Compsemys .  It  becomes  evident  that  we  must 
go  back  much  further  to  find  the  common  ancestor  of  Compsemys  and 
Probaena, 

PlatychelySy  of  the  Upper  Jurassic  of  Solothurn,  Switzerland,  is 
evidently  very  closely  related  to  Baena  and  Probaena,  and  has  been 
very  properly  assigned  by  Lydekker  to  the  Pleurosternidae.  It  differs 
in  having  a  more  highly  sculptured  carapace,  supramarginal  scutes,  and 
mesoplastrals  which  do  not  reach  to  the  midline. 

In  his  Bibliography  and  Catalogue  of  the  Fossil  Vertebrata  of  North 
America,  p.  437,  the  present  writer  has  adopted  for  this  family  the 
name  Pleurosternidae,  having  overlooked  the  fact  that  Cope  employed 
the  name  Baenidae  as  far  back  as  the  year  1873  (^^^  Ann.  Report  U. 
S,  Geol.  Surv.  Terrs.,  p.  621).  The  writer  is  not  aware  that  the 
name  Pleurosternidae  has  had  an  earlier  use. 

Explanation  of  Plate. 

Fig.  I.  View  of  the  carapace  showing  some  of  the  vertebral  and  costal  scutes  and 
the  sculpture. 

Fig.  2.  View  of  the  plastron.  The  light  lines  indicate  the  sutures,  the  dark  lines 
the  boundaries  between  the  scutes. 

In  both  figures  the  anterior  end  of  the  shell  is  toward  the  left  hand. 


VII.      MINUTE    BOOK    OF    VIRGINIA    COURT    HELD 
FOR  YOHOGANIA  COUNTY,  FIRST  AT  AUGUSTA 
TOWN  (NOW  WASHINGTON,  PA.),  AND  AFTER- 
WARDS ON  THE  ANDREW  HEATH  FARM 
NEAR  WEST  ELIZABETH;    1776-1780.^ 

Edited  by  Boyd  Crumrine,  of  Washington,  Pa. 

t- 

Introductory. 

It  will  have  been  observed  that  the  organization  of  the  Virginia 
court  at  Fort  Dunmore  (now  Pittsburgh)  for  the  District  of  West 
Augusta,  was  on  February  21,  1775  :  Vol.  I.,  p.  525,  of  these  Annals ; 
that  the  last  sessions  of  that  court  were  held  at  Augusta  Town  (or  Cat- 
fish Camp,  now  Washington),  on  November  20,  1776 :  Ideni^  p.  568 ; 
that  in  the  meantime  the  Monongahela  Declaration  of  Independence 
had  been  promulgated  at  two  points  in  the  Monongahela  Valley,  on 
the  same  day,  to  wit,  May  16,  1775,  wiore  than  one  year  antedating 
the  Declaration  of  Independence  read  to  the  assembled  people  from 
the  southern  front  of  the  State  House  at  Philadelphia,  on  July  4,  1776  : 
Ideniy  p.  519  ;  and  that  in  October,  1776,  the  legislature  of  Virginia, 
now  a  sovereign  state  of  the  new  American  confederation,  divided  the 
District  of  West  Augusta  into  three  new  counties,  Ohio,  Yohogania 
and  Monongalia,  all  shown,  with  reasonable  accuracy,  as  it  is  be- 
lieved, on  the  map  in  Vol.  I.  of  these  Annals^  facing  p.  518. 

The  sessions  of  the  court  for  Yohogania  County  were  held  first  at 
Augusta  Town  (Catfish  Camp,  now  Washington)  from  December  23, 
1776,  until  August  25,  1777  :  these  Annals y  Vol.  II.,  p.  91 :  and 
from  the  latter  date  until  the  Virginia  jurisdiction  was  wholly  ousted, 
on  the  farm  of  Andrew  Heath  (then  in  old  Washington  County),  West 
of  the  Monongahela  River,  and  near  the  present  dividing  line  be- 
tween Washington  and  Allegheny  counties.  A  portion  of  the  Order 
Book  (usually  called  the  Minute  Book  in  our  courts)  of  the  Yohogania 

1  Continued  from  pp.  71-140,  this  volume. 

205 


206  Annals  of  the  Carnegie  Museum.* 

County  court  has  already  been  given,  and  the  following  is  a  continua- 
tion thereof. 

What  was  Pennsylvania  Doing  ? 

It  has  already  been  noted,  perhaps,  that  a  large  amount  of  business 
of  almost  every  nature  and  kind  was  transacted  in  these  Virginia 
courts,  and  it  would  appear  that  a  large  majority  of  the  inhabitants  of 
the  Monongahela  Valley  submitted  their  persons  and  property  to  the 
laws  and  courts  of  Virginia ;  indeed,  it  is  undoubted  that  many  land- 
holders under  Pennsylvania  titles,  and  perhaps  Pennsylvania  sympathy, 
were  suitors  in  these  courts.  Why  was  this  ?  Doubtless  it  was  be- 
cause, the  Revolution  being  on,  and  other  causes  existing,  the  power 
of  the  laws 'of  Pennsylvania  was  not  strongly  felt  west  of  the  Alle- 
gheny Mountains. 

Note  the  following  facts  : 

Bedford  County,  the  seventh  Pennsylvania  county  established,  was 
formed  from  Cumberland  County,  on  March  9,  1771,  and  extended 
**  Westward  to  the  Western  Boundaries  of  the  Province,"  which  boun- 
daries, however,  were  not  defined.  The  first  term  of  court  for  that 
county  was  held  at  Bedford,  about  a  hundred  miles  east  of  Pittsburgh, 
on  April  16,  1771,  and  George  Wilson,  Esq.,  living  near  the  mouth 
of  George's  Creek  in  what  is  now  southern  Fayette  County,  was  of 
the  justices,  as  were  also  Colonel  (then  Captain)  William  Crawford, 
living  on  the  Youghiogheny  River  nearly  opposite  what  is  now  Con- 
nellsville,  Fayette  County,  Thomas  Gist,  son  of  Christopher  Gist, 
settled  near  Mount  Braddock  in  the  same  county,  and  Dorsey  Pente- 
cost, then  living  on  his  **  plantation  "  called  *'Greenaway"  in  the 
**  Forks  of  the  Yough  "  settlement. 

Now,  Westmoreland  County,  Pennsylvania,  was  formed  on  January 
26,  1773,  from  Bedford  County,  and  embraced  all  the  lands  west  of 
**  the  Laurel  Hill,"  to  '*  the  limits  of  the  Province."  Old  Westmore- 
land was  thus  organized  two  years  before  the  Virginia  Court  at  Fort 
Dunmore,  and  its  first  Court  of  Quarter  Sessions,  then  the  principal 
court  of  every  county,  was  held  at  Hanna's  Town,  about  three  miles 
northeast  of  what  is  now  Greensburg,  on  April  6,  1773.  This  Court 
of  Quarter  Sessions  was  the  first  court  of  justice  ever  held  by  English- 
speaking  people  west  of  the  Allegheny  Mountains,  and  it  was  held 
**  Before  William  Crawford,  Es(i.,  and  his  associate  Justices." 

On  January  25,  1775,  about  one  month  before  the  organization  of 


Minutes  of  Court  of  Yohogania  County.  207 

the  Virginia  court  at  Fort  Dunmore,  the  following  entry  was  made 
upon  the  minutes  of  the  Supreme  Executive  Council : 

**At  a  Council  held  at  Philadelphia,  25th  January,  1775,  .  .  . 
Captain  St.  Clair  appearing  at  the  Board  and  representing  that  William 
Crawford,  Esquire,  President  of  the  Court  in  Westmoreland  County, 
hath  lately  joined  with  the  Government  of  Virginia  in  opposing  the 
jurisdiction  of  Pennsylvania  in  the  County,  the  Board  advised  the 
Governor  to  supersede  him  in  his  office  as  Justice  of  the  Peace  and 
common  Pleas.  A  Supersedeas  was  accordingly  ordered  to  be  issued  : ' ' 
X.  Col.  Records^  228. 

Others  of  the  Justices  of  the  Westmoreland  County  court  were  Arthur 
St.  Clair,  afterward  a  Major-general  in  the  Revolution ;  Thomas  Gist, 
above  mentioned,  Alexander  McKee,  afterwards  with  Simon  Girty 
and  Matthew  Elliot,  a  deserter  to  the  British  Indians ;  Robert  Hanna, 
William  Louchry,  George  Wilson,  above  mentioned,  Eneas  McKay, 
Joseph  Spear,  Alexander  McClean  and  James  Caveat. 

The  early  courts  of  Westmoreland  County  appear  by  their  records 
to  have  been  regularly  held  from  April  6,  1773,  to  the  second  Tuesday 
of  April,  1776.  Observe  that  this  last  date  was  but  a  short  time  before 
the  meeting  of  the  Provincial  Conference  at  Carpenter's  Hall,  Phila- 
delphia, resulting  in  the  great  Declaration  of  Independence  by  the 
American  colonies.  At  this  session  there  were  orders  made  relating 
to  township  lines,  roads,  and  recognizances  in  criminal  cases ;  and 
then  there  was  an  interregnum,  and  there  are  no  records  of  any  court 
held  for  Westmoreland  County  afterward  until  January  6,  1778.  But 
the  court  for  Yohogania  County  continued  right  along  in  a  varied  and 
extensive  business,  as  will  appear  from  the  transcript  of  its  records 
now  publishing. 

The  Nature  of  the  Business  Transacted. 

It  would  seem  that  the  transactions  of  these  Virginia  Courts  were 
not  confined  to  merely  business  matters.  Witness  the  fact  that  at  the 
session  of  the  Yohogania  County  court  held  on  September  22,  1777, 
**  William  Taylor  produced  a  Licence  appointing  him  to  preach  the 
Gospel  after  the  Manner  of  his  Sect ;  which  being  read,  the  said 
William  Taylor  came  [ —  into  Court  and  took  the  Oath  of  fidelity  and 
Allegiance  to  this  Commonwealth  :  *'  Annals^  Vol.  II.,  p.  102.  Who 
was  this  William  Taylor,  and  what  was  his  **  Sect  "  ?  And  note  that 
at  the  session  of  the  same  Court  held  on  March  24,  1778,  **John 


208  Annals  of  the  Carnegie  Museum. 

Whitaker,  a  minister  of  the  Gospel,  came  into  Court  and  took  the* 
Oath  of  Allegiance  and  fidelty,  as  directed  by  an  act  of  General 
Assembly,  intitled  an  Act  to  Oblige  the  free  male  inhabitants  of  this 
State,  above  a  certain  Age,  to  give  Assurance  of  Allegiance  to  the 
same  and  for  other  purposes  :  **  These  Annais,  Vol.  II.,  p.  129.  Was 
this  the  eccentric  Deacon  Whiteakre  who  once  prayed  publicly  to 
God,  before  his  Methodist  congregation,  that  he  might  be  supplied 
with  a  new  horse  and  soon  received  one  ? 

Attention  is  called  also  to  the  records  made  in  relation  to  the  care 
of  the  families  of  soldiers  from  the  Monongahela  Valley  in  the  War  of 
the  Revolution.     These  records  are  frequent  but  exasperatingly  brief 

Our  Pennsylvania  histories  show  that  at  least  two  Pennsylvania  regi- 
ments, fully  organized,  marched  eastward  to  take  part  in  the  battles  of 
the  Revolution,  but  the  records  now  published  disclose  that  at  least 
three  regiments,  organized  as  Virginia  Voluntaries,  the  5th,  12th  and 
13th  Regiments,  were  composed  more  or  less  of  men  living  in  the 
Valley  of  the  Monongahela.  Verily  the  Revolutionary  history  of  that 
valley  is  as  yet  unwritten. 

The  Early  Currency. 

We  find  in  these  records  that  the  currency  of  the  early  days  was  in 
Pounds,  Shillings,  and  Pence.*  And  it  will  be  noted  that  in  the  early 
causes  in  these  courts,  a  recognizance  of  bail  for  an  appearance  at 
court  was  required  in  say  ^25,  or  in  ;^ioo  ;  while  in  1780,  at  the 
end  of  the  existence  of  this  court  in  Pennsylvania,  some  such  recog- 
nizances were  in  ;^5,ooo  or  more,  amounting,  as  we  would  now  trans- 
late the  English  jQ^  to  about  $25,000.  Wherefore,  an  explanatory  note 
on  this  early  currency  and  its  depreciation  may  not  be  out  of  place. 

Before  and  during  the  Articles  of  Confederation  of  1776,  and  until 
the  adoption  of  the  Constitution  of  the  United  States  in  1787,  there 
was  no  supreme  national  authority,  and  therefore  no  national  currency 
based  upon  a  recognized  unit.  In  every  State  there  were  at  least  two 
units  of  value,  the  State  pound  and  the  Spanish  milled  dollar.  Our 
people  having  been  under  the  English  government  adopted  the  Eng- 
lish pound,  shilling,  and  penny,  as  the  name  of  its  currency  or  money 
of  account,  yet  the  trade  with  the  Spanish  colonies  in  America 
and  the  West  Indies  brought  into  the  country  as  its  only  coined 
money  the  Spanish  dollar  and  its  subdivisions.  Thus  the  Dollar  of 
the  early  day  was  not  the  **  Dollar  of  our  Daddies,"  but  the  **  Spanish 
Milled  Dollar." 


Minutes  of  Court  of  Yohogania  County.  209 

But  each  state  in  the  thirteen  composing  the  confederacy  had  its 
own  pound.  In  Georgia,  the  pound  in  silver  contained  1547  grains; 
in  Virginia,  Massachusetts,  Rhode  Island,  Connecticut  and  New 
Hampshire,  1289  grains;  in  New  Jersey,  Delaware,  Pennsylvania  and 
Maryland,  1031^  grains,  while  in  New  York  and  North  Carolina  it 
reached  the  minimum  of  996  grains.  These  State  pounds,  and  their 
divisions  into  shillings  and  pence,  had  no  actual  existence  ;  they  were 
used  only  in  keeping  accounts,  but  when  debts  were  to  be  paid  and 
received  they  were  turned  into  dollars  and  their  divisions,  halves, 
quarters,  eighths,  and  sixteenths,  each  represented  by  a  silver  coin. 
Thus  ^it  was  that  in  New  England  and  Virginia,  six  shillings,  or 
seventy-two  pence,  made  a  dollar ;  in  New  York  and  North  Carolina 
eight  shillings,  or  ninety-six  pence  ;  in  New  Jersey,  Pennsylvania, 
Delaware  and  Maryland,  seven  shillings  and  six  pence,  or  ninety 
pence,  and  in  South  Carolina  and  Georgia  four  shillings  and  eight 
pencej  or  fifty-six  pence.  And  hence,  though  accounts  were  kept  in 
pounds,  shillings,  and  pence  in  all  the  states,  yet  to  pay  or  receive  a 
debt  in  the  coin  dollars  in  circulation,  eight  shillings  were  required  in 
New  York,  for  instance,  six  shillings  in  Virginia  and  seven  shillings 
and  six  pence  in  Pennsylvania.  See  McMaster's  **  History  of  the 
People  of  the  U.  S.,"  Vol.  I.,  p.  23. 

Observe :  If  7s.  6d.  in  Pennsylvania  currency  made  one  dollar 
(Spanish)  then  20  shillings  (or  one  pound)  would  be  worth  $2.66^3, 
a  little  more  than  one  half  the  English  pound  sterling.  And  if  six 
shillings  in  Virginia  currency  made  a  dollar,  then  the  Virginia  pound 
was  worth  $3.33. 

**  Fifty  years  ago  the  silver  pieces  which  passed  from  hand  to  hand 
under  the  name  of  small  change  was  largely  made  up  of  foreign  coins. 
They  had  been  in  circulation  long  before  the  War  for  Independence, 
had  seen  much  service  and  were  none  the  better  for  the  wear  and  tear 
they  had  sustained.  The  two  commonest  were  the  eighth  and  the  six- 
teenth of  the  Spanish  milled  dollar,  and  these,  taking  the  country 
through,  passed  under  seven  names.  In  New  York  and  North  Caro- 
lina, where  eight  shillings  made  a  dollar,  the  eighth  was  a  shilling 
(twelve  pence),  and  went  by  that  name.  From  New  Jersey  to  Mary- 
land (including  Pennsylvania)  the  same  coin  was  nearly  equaled  by 
eleven  pence,  and  was  there  called  the  eleven-penny  bit,  or  the  levy, 
but  became  for  a  like  reason  nine  pence  in  New  England.  In  the 
same  way  the  sixteenth  of  a  dollar  was  called  six-pence  in  New  York ; 


210  Annals  of  the  Carnegie  Museum. 

five-penny  bit  or  the  fip  in  Pennsylvania,  and  four-pence  in  New  Eng- 
land (and  Virginia):    McMaster's  History,  Vol.  I.,  p.  189. 

Now,  as  to  the  depreciation  of  this  early  currency  : 

It  will  be  remembered,  as  already  stated,  that  prior  to  the  adoption 
of  the  Constitution  of  the  United  States  in  1787,  no  paper  money  or 
currency  was  issued  either  by  the  United  Colonies,  or  by  any  of  the 
colonies  separately,  payable  in  their  own  coin,  for  they  had  none. 
True,  the  confederacy,  and  as  well  some  of  the  colonies  or  separate 
states,  perhaps,  sometimes  issued  notes  or  bills  of  credit  payable  in 
**  dollars  *'  or  parts  thereof,  but  the  coin  meant  was  the  Spanish  coin. 
Usually,  however,  notes  and  bonds  were  issued  payable  in  pounds, 
shillings,  and  pence,  but,  there  being  no  pounds,  shillings,  and  pence 
existing  in  coin,  when  debts  were  to  be  paid  in  coin  the  pounds,  etc., 
were  turned  into  dollars  and  their  subdivisions,  and  all  accounts  were 
kept  in  pounds,  shillings,  and  pence.  Hence,  the  constant  issue  by 
the  United  Colonies  during  the  War  of  the  Revolution  of  paper  money 
irredeemable  according  to  its  terms,  resulted  in  an  immense  deprecia- 
tion, which  was  one  of  the  greatest  sources  of  evil  to  the  young  nation. 

The  extent  and  the  causes  of  this  depreciation  of  the  currency  dur- 
ing the  Revolution  is  best  shown  by  the  paper  of  Albert  Gallatin  on 
**The  Currency  and  Banking  System  of  the  United  States,"  first  pub- 
lished in  1 83 1,  and  contained  in  **The  Writings  of  Albert  Gallatin," 
edited  by  Henry  Adams,  Vol.  III.,  p.  260,  as  follows: 

**  The  paper  money  issued  by  Congress  during  the  war  of  the  Amer- 
ican independence  experienced  no  sensible  depreciation  before  the 
year  1776,  and  so  long  as  the  amount  did  not  exceed  nine  millions  of 
dollars.  A  paper  currency  equal  in  value  to  that  sum  in  gold  or  silver 
could  therefore  be  sustained  so  long  as  confidence  was  preserved.  The 
issues  were  gradually  increased  during  the  ensuing  years,  and  in  April, 
1778,  amounted  to  thirty  millions.  A  depreciation  was  the  natural 
consequence ;  but  had  the  value  of  the  paper  depended  solely  on  its 
amount,  the  whole  quantity  in  circulation  would  have  still  been  equal 
in  value  to  nine  millions,  and  the  depreciation  should  not  have  been 
more  than  3^  to  i  ;  instead  of  which  it  was  then  at  the  rate  of  six 
dollars  in  paper  for  one  silver  dollar,  and  the  whole  amount  of  the 
paper  in  circulation  was  worth  only  five  millions  in  silver.  It  is  ob- 
vious that  the  difference  was  due  to  lessened  confidence.  The  capture 
of  Burgoyne's  army  was  followed  by  the  alliance  with  France,  and  her 
becoming  a  party  to  the  war  against  England.     The  result  of  the  \var 


Minutes  of  Court  of  Yohogania  County.  211 

was  no  longer  considered  as  doubtful,  and  sanguine  expectations  were 
formed  of  its  speedy  termination.  The  paper  accordingly  rose  in 
value;  and  in  June,  1778,  although  the  issues  had  been  increased  to 
more  than  forty- five  millions,  the  depreciation  was  at  the  rate  of  only 
four  to  one.  From  the  end  of  April  of  that  year  to  the  month  of  Feb- 
ruary, 1779,  although  the  issues  had  been  increased  from  thirty-five  to 
one  hundred  and  fifteen  millions,  the  average  value  in  silver  of  the 
whole  amount  of  paper  in  circulation  exceeded  ten  millions,  and  it 
was  at  one  time  nearly  thirteen  millions,  or  considerably  more  than 
that  which  could  be  sustained  at  the  outset  of  the  hostilities.  But 
when  it  was  discovered  that  the  war  would  be  of  longer  continuance, 
confidence  in  the  redemption  of  a  paper  money,  daily  increasing  in 
amount,  was  again  suddenly  lessened.  The  depreciation  increased 
from  the  rate  of  6  to  that  of  30  to  i  in  nine  months.  The  average 
value  in  silver  of  the  whole  amount  of  paper  in  circulation  from  April 
to  September,  1779,  was  about  six  millions,  and  it  sunk  below  five 
during  the  end  of  the  year.  The  total  amount  of  the  paper  was  at 
that  time  two  hundred  millions ;  and  although  no  further  issues  took 
place,  and  a  portion  was  absorbed  by  the  loan  offices  and  by  taxes,  the 
depreciation  still  increased,  and  was  at  the  end  of  the  year  1780  at  the 
rate  of  80  dollars  in  paper  to  i  in  silver.  The  value  in  silver  of  the 
paper  currency  was  then  less  than  two  millions  and  a  half  of  dollars ; 
and  when  Congress,  in  March  following,  acknowledged  the  deprecia- 
tion, and  offered  to  exchange  the  old  for  new  paper  at  the  rate  of  40 
for  I,  the  old  sunk  in  one  day  to  nothing,  and  the  new  shared  the 
same  fate.'* 

These  observations  will  explain  many  entries  in  the  records  now  fol- 
lowing that  would  otherwise  be  somewhat  unintelligible  : 

Volume  II.   of  the  Records. 

(i)  At  a  Court  Continued  and  held  for  Yohogania  County,  April 

27th,  1778. 

Present :  William  Crawford,  John  Stephenson,  Joshua  Wright 
&  Isaac  Cox,  Gentlemen  Justices  present. 

View  of  the  road  from  the  Court  House  to  Pentecost's  Mills 
on  Churteers  Creek  returned  by  the  Viewers  and  Ordered  to 
be  confirmed,  Running  from  said  Court  House  to  Spencer's 
point.  Thence  near  Richardson's  School  House,  Thence  through 
Gabriel    Coxes  Lane,   Thence  crossing  Peters  Creek  near  to 


212  Annals  of  the  Carnegie  Museum. 

John  Coxe's  —  Benjaman  Ceiling's,  Thence  to  Joshua  Wright's, 
Thence  to  William  Stephenson's,  Thence  to  Thomas  Cooks, 
Thence  to  said  mills.  Ordered  that  Gabriel  Cox  be  appointed 
Overseer  of  the  Road  from  the  Court  House  to  Peters  Creek  near 
John  Coxe's,  James  Wright  Overseer  of  the  Road  from  Peters 
Creek  near  John  Coxes  to  opposite  Henry  Johnstons,  and  Na- 
thaniel Blackmore  Overseer  of  the  road  from  Henry  Johnstons 
to  Pentecosts  Mills  on  Churteers  Creek  and  that  the  Tithables 
within  three  miles  of  said  road  (except  on  the  East  Side  of 
the  Monaungohela  River)  work  on  Cut  open  and  keep  said 
road  in  repair. 

John  McDowell  and  John  Cannon  Gentlemen  Justices  Present. 

Upon  the  Complaint  of  Cornelias  Crow  an  Indented  Servant 
that  John  Harry  his  Late  Master  lately  told  said  Servant  that 
he  had  Sold  him  to  a  Certain  Thomas  Cuningham  to  be  forced 
,  into  the  Armies  of  the  United  States  as  a  Soldier,  and  that  he 
has  for  some  Time  and  doth  at  this  Time  suffer  for  Necessary 
Cloathing,  and  uppon  the  view  of  the  Court  the  Complaint  re- 
specting the  Cloathing  is  justly  founded. 

Ordered  that  the  sd  Cornelias  Crow  be  and  remain  a  Ser- 
vant, and  that  the  said  John  Harry  or  Thomas  Cunningham 
that  claims  property  in  said  Servant  be  and  appear  before  the 
next  Court  held  for  this  County  to  Answer  the  Complaint  oi 
said  Cornelias  Crow. 
(2)  Robert  McGlaughlin  and  James  McLean  produced  commis- 

sions from  his  Excellency  the  Governor  appointing  them  Lieu- 
tenants of  the  Militia  which  being  read,  the  said  Robert  and 
James  came  into  Court  and  swore  into  said  Office. 

Ordered  that  this  Court  be  adjourned  untill  Tomorrow 
Morning  8  O  Clock.  W.  Crawford. 

April  28th  Court  met  according  to  adjournment. 

Present,  Isaac  Cox,  John  Cannon,  William  Goe,  Andrew 
Swearengen,  John  McDowell,  and  George  McCarmick,  Gentle- 
men Justices,  Present. 

Andrew  Swearengen  and  David  Andrew  produced  Commis- 
sions from  his  Excellency  the  Governor  appointing  Them 
Captains  of  the  Militia,  which  being  read,  the  said  David  and 
Andrew  came  into  Coart  and  Swore  into  said  Commissions. 


Minutes  of  Court  of  Yohogania  County.  213 

Nathaniel  Blackmore  came  into  Court  produced  a  Commis- 
sion appointing  him  a  Lieutenant  of  the  Militia,  which  was 
read  and  Sworn  to  accordingly. 

[Bill  of  sale  from  John  Stueart  to  Jacob  Bouseman  for  Three 
Hundred  Acres.]  ^ 

Power  of  Attorney  John  Stueart  to  Jacob  Bouseman  be  as 
proved  by  the  Oath  of  John  McCoUister,  one  of  the  Subscrib- 
ing Witnesses. 

Mortgage  John  Stueart  to  Jacob  Bouseman  for  Three  Hun- 
dred Acres  of  Land  on  Yohogania  River  was  proved  by  the 
Oath  of  Jacob  Leoport,  one  of  the  Subscribing  Witnesses. 
(3)         Upon  the  motion  of  Jacob  Bouseman  ordered  that  his  Mark 
Two  Crops  and  Two  Slits  be  recorded. 

Thomas  Gist  came  into  Court  and  being  Sworn  on  the  Holy 
evangelist  of  Almighty  God,  Sayeth  that  in  the  year  of  our 
Lord  one  Thousand  Seven  Hundred  and  Seventy  two,  in  the 
month  of  April  to  the  best  of  his  recollection,  in  the  presence 
of  Joseph  Beeler,  John  Stephenson  and  Edward  Rice,  he 
Solemnized  the  wrights  of  Matromohy  between  Isaac  Meason 
and  Catherine  Harrison,  according  to  the  rights  and  cere- 
monies of  the  Church  of  England,  he  the  s!  Seponent  then 
being  a  Majistrate  in  the  State  of  Pennsylvania,  and  that  he 
was  under  an  Oath  not  to  Devulge  said  marriage  Except 
Legally  called  for  that  purpose. 

John  Stephenson  and  Joseph  Beeler  came  into  Court  and 
being  Sworn  on  the  Holy  Evangelist  of  Almighty  God, 
Sayeth  that  they  ware  present  at  the  Marriage  of  Isaac  Meason 
with  Catherine  Harrison  in  the  year  one  Thousand  Seven 
Hundred  and  Seventy  two  in  the  Month  of  April  to  the  best 
of  their  recollection,  and  was  under  a  promise  not  to  devulge 
the  said  Marriage  Unless  Legally  called,  or  Death  of  either  of 
the  parties,  and  the  said  Joseph  farther  Sayeth  that  there  was  a 
preengagement  between  the  said  Isaac  and  Catherine  that  upon 
the  devulging  the  said  Marriage  contrary  to  the  will  of  the  sd 
Isaac  then  that  said  parties  should  be  absolved  from  any  obli- 
gation to  each  other  as  man  and  wife. 

Indenture  from  Martha  Daviss  to  Isaac  Cox  acknowledged 
by  said  Martha  and  ordered  to  be  Recorded. 

1  The  part  in  brackets  erased  in  the  original. 


214  Annals  of  the  Carnegie  Museum. 

Bargain  and  Sale  Thomas  Bay  to  James  Marshall  for  four 
Hundred  Acres  of  Land  acknowledged  by  said  Bay  and 
Ordered  to  be  Recorded. 

Bargain   and   Sale   Thomas    Bay    to   George    Marken    [or 
Marten,  Editor]   for  Two  Hundred  Acres  of  Land  acknowl- 
edged by  said  Bay  and  Ordered  to  be  recorded. 
(4)  Bargain  and  Sale  Ezekiel  Johnston  to  Joseph  Beeler  Junf 

proved  by  the  oath  of  Dorsey  Pentecost  and  Joseph  Beeler 
Sen'  two  of  the  Subscribing  Witnesses. 

Joseph  Beeler  produced  to  this  Court  a  Commission  from  his 
Excellency  the  Governour  appointing  him  Colonel  of  the 
Militia  was  red  &  Sworn  to  in  open  Coart. 

Nathan  Ellis  produced  to  this  Coart  a  Commission  from  his 
Excellency  the  Governour  appointing  him  Captain  of  the 
Militia  which  was  red  &  Sworn  to  in  open  Coart. 

W"  Harrison  took  the  oath  of  Major  of  the  Militia  in  open 
Coart. 

Richard  Crooks  took  the  oath  of  Lieutenant  of  the  Militia 
in  open  Coart. 

Michael  Tigert  took  the  oath  of  Ensign  of  the  Militia  in  open 
Coart. 

Ordered  that  Sarah  Shirly  be  admitted  to  administer  on  the 
estate  of  James  Shirly  Deceased,  she  Complying  with  the  Law, 
Whereupon  the  sd.  Sarah  came  into  Coart  with  her  Securities  & 
entered  into  Bond  accordingly. 

Ordered  that  Ignatius  Lebat  Sam'l  Sample  Sam'l  Evalt  & 
David  Dunkin  or  any  three  of  them  Being  first  sworn  do  appraise 
the  s!  Estate  &  make  Report  to  next  Coart. 

James  Gray  Enters  himself  special  Bail  in  a  suit  wherein  Jno. 
Pearce  is  plaintiff  &  Jno.  Raredon  Defendant. 

Jno.  Raredon  Enters  himself  special  Bail  in  Case  wherein 
W"!!  Danningin  is  plaintiff  &  and  James  Gray  Defendant. 

Ordered  that  Mary  Lindsey  the  wife  of  William  Lindsey  a 
poor  Soldier  in  the  Continental  service  be  allowed  Six  pounds 
per  month  for  the  support  of  herself  and  Six  children  to  com- 
mence the  first  day  of  January  Last. 

Ordered  that  Eloner  Lindsey  the  wife  of  Ezekial  Lindsey  be 
allowed  the  sum  of  five  pounds  pr.  month  for  the  support  of 
herself  and  five  children. 


Minutes  of  Court  of  Yohogania  County.  215 

(5)  Ordered  that  Jane  Dunn  the  wife  of  Thomas  Dunn  a  poor 
Soldier  in  the  Continental  Service  be  allowed  the  sum  of 
four  pounds  pr  month  for  the  support  of  herself  and  four 
children. 

Ordered  that  two  children  of  Peter  McCorkeys  a  soldier  in 
the  Continental  Service  be  allowed  the  sum  of  two  pounds  pr 
month  for  their  Subsistence. 

Ordered  that  Elizabeth  Depugh  the  wife  of  John  Depugh  be 
allowed  the  sum  of  three  pounds  pr  Month  for  the  support  of 
herself  and  Three  Children. 

Ordered  that  the  wife  of  Jeremiah  McCarty  be  allowed  the 
sum  of  three  pounds  pr  Month  for  the  support  of  herself  and 
three  children. 

Ordered  that  the  wife  of  William  Nau  a  poor  Soldier  who 
died  in  the  Continental  Service  be  allowed  the  sum  of  six 
pounds  pr  month  for  herself  and  Six  children  to  commence  the 
first  day  of  January  until  his  Death. 

Ordered  that  the  wife  of  James  Behan  be  allowed  the  sum 
of  three  pounds  pr  month  for  the  support  of  herself  and  three 
children. 

Ordered  that  the  sum  of  two  pounds  pr  month  be  allowed 
the  wife  of  Richard  Wade  for  the  support  of  herself  and  two 
children  to  Commence  the  first  day  of  this  month. 

Ordered  that  the  wife  of  David  Smith  be  allowed  the  Sum 
of  three  pounds  for  the  support  of  herself  and  three  children. 

Ordered  that  Susannah  Decompt  and  Christopher  Hayes  be 
appointed  Administrator  and  Administratrix  of  the  Estate  of 
John  Decomp  Deceased  they  complying  with  the  Law.  Where- 
upon the  said  Susannah  and  Christopher  came  into  Court  and 
Entered  into  Bond  oath  accordingly. 

Ordered  that  Joseph  Beeler,  James  Blackstone,  Edward 
Cook,  and  Benjamin  Davis  or  any  three  of  them  they  being 
first  sworn  do  appraise  the  Estate  of  John  Decomp  Deceased 
and  make  return  to  next  Court. 

(6)  Daniel  Brooks  is  appointed  Administrator  of  the  Estate  of 
Nathan  Hammond  Deceased  he  complying  with  the  Law, 
Whereupon  the  said  Daniel  came  into  court  entered  into  Bond 
and  oath  accordingly.  Ordered  that  Joseph  Parkerson,  Thomas 
Parkerson,  James  Innis  &  David  Richie  any  three  of  them 


216  Annals  of  the  Carnegie  Museum. 

they  being  first  sworn  do  appraise  the  Estate  of  Nathan  Ham- 
mon  Deceased  and  make  return  to  next  Court. 

Ordered  that  Isaac  Cox  be  appointed  Administrator  of  the 
Estate  of  Samuel  Richardson  deceased  he  complying  with  the 
Law,  whereupon  the  said  Isaac  came  into  Court  and  intered 
into  Bond  and  oath  accordingly.  Ordered  that  Abraham  Van- 
natree,  Edmund  Pollack,  Richard  Elsoh  and  Edward  Wiggins 
or  any  three  of  them  they  being  first  sworn  do  appraise  the 
Estate  of  Samuel  Richardson,  Deceased  and  make  return  to 
next  Court. 

Bargain  and  Sale  John  Pearce  to  James  Patterson  for  three 
Hundred  and  Eighteen  Acres  of  Land  Acknowledged  by  the 
said  Pearce  and  Ordered  to  be  Recorded. 

Ordered  that  George  McCarmeck  John  Cannon  &  John 
Stephenson  Gent,  be  recommended  to  his  Excellency  the  Gov- 
ernor as  proper  persons  to  serve  as  Sheriff  for  this  County,  the 
Ensuing  year. 

Ordered  that  an  Attachment  Issue  against  Philip  Whitsel  and 
the  papers  and  records  belonging  to  the  District  of  West 
Augusta,  which  by  Act  of  Assembly  are  to  be  Inyrold  amongst 
the  Records  of  this  County,  and  the  said  records  so  attached 
have  before  this  Court  for  farther  Proceedings. 

Bargain  and  Sale  Matthew  Rogers  to  John  White  for  an  Im- 
provement of  Land  on  Churteers  Creek  Acknowledged  by  said 
Rogers  and  Ordered  to  be  Recorded. 
{Sy  Ordered  that  Court  be  adjourned  Until  Tomorrow  Morning 

8  oClock.  John  Canon. 

Court  met  according  to  adjournment  April  29th,  1778. 

Present  William  Goe,  Isaac  Cox,  Andrew  Swearengen  & 
Joshua  Wright  Gentlemen  Present. 

George  McCarmick  *  is  appointed  Sheriff  Protempore  to  serve 
one  month  he  complying  with  the  Law.  Whereupon  the  said 
George  with  Samuel  Beeler  and  Dorsey  Pentecost  his  Securities 
come  into  Court  entered  into  Bond  and  oath  accordingly. 

Ordered  that  Benjaman  Collins  have  Leave  to  keep  a  publick 
Ordinary  at  his  Dwiling  House  he  complying  with  the  I^w. 

'  Paging  of  original  followed,  though  erroneous. 
^  This  name  erased  in  the  original. 


Minutes  of  Court  of  Yohogania  County.  217 

Whereupon  the  said  Benjaman  came  into  Court  entered  in  Bond 
accordingly. 

Appraisement  of  the  Estate  of  Job.  Robins  returned  by  the 
Appraisers  and  ordered  to  be  recorded. 

Benjamin  Custard  and  John  Wall  Enter  Special  Bail  for 
Michael  Humble  and  John  Johnston  at  the  suit  of  Mary  Burriss. 

Upon  the  motion  of  John  Wall  ordered  that  his  Mark  a  Crop 
in  the  right  Ear  and  a  hole  in  the  Left  be  recorded. 

Upon  the  motion  of  George  McCarmick  his  mark  a  Crop  in 
the  right  Ear  and  half  Crop  in  the  Left  ordered  to  be  recorded. 

Upon  the  Motion  of  Benjaman  Custard  his  mark  a  Cropt  and 
slit  in  the  right  Ear  and  a  Slit  in  the  Left  Ordered  to  be  re- 
corded. 

The  Ear  mark  of  Thomas  Cherry  a  crop  in  the  right  Ear 
ordered  to  be  recorded. 
(9)  Samuel  Newell,  Gentleman  Present. 

Samuel  Beeler  being  bound  in  recognizance  and  charged 
with  Hogstealing  which  being  called  personally  appeared  and 
pleads  not  guilty.  Ordered  to  be  continued  at  Defendant's 
Request. 

Benjaman  Jones  vs.  Patrick  McDonald.     Plu.  Cap. 

Paulser  Shilling  vs.  Spencer  Collins.     Tresp.  Plu.  Cap. 

Ordered  that  a  Dedimus  Issue  to  Take  the  Examination  Anne 
Taylor  and  Margaret  Conner,  a  witness  In  behalf  of  Joseph 
Cox  against  John  Williams,  Theodorus  Davis,  and  Mary  Hazle. 

Dorsey  Pentecost  vs  Christopher  McDonald  In.  Cas.  Contd. 

Zachariah  Connell  vs  Abraham  Vaughan  In  Debt.  Plu.  Cap. 

David  Wilson  vs  Henry  Bowling  In  Debt.  Plu.  Cap. 

John  Livy  vs  Samuel  Beeler  I.  Tresp.  P.  Cap. 

John  Gallehar  vs  Christian  Summet  In  Slan.  P.  Cap. 

Hugh  Sterling  came,  into  Court  and  Took  the  Oath  of  a 
Deputy  Sheriff. 

Joseph  Lindsey  against  George  Long  In  Debt  Plu  Cap. 

Richard  Swissichs  agt.  Jacob  Jones  In  Case.  Plu.  Cap. 

Paul  Froman  against  Robert  McCrowry  In  Debt  Plu  Cap. 

Francis  Morrison  agt.  Daniel  Swigert  In  Debt  Plu.  Cap. 

George  Schley  against  John  Rammage  In  Case  Plu.  Cap. 

Susannah  Schley  against  Robert  McKendley  In  Case  Plu. 
Cap. 


218  Annals  of  the  Carnegie  Museum. 

Thomas  Freeman  agt.  John  Jones  and  Samuel  Lyneet  In 
Case  Plu  Cap. 

Jacob  Houseman  agt.  James  Bradley  In  Case  Plu.  Cap. 

Mary  Burriss  agt  Michael  Humble  &  John  Johnston  In  Case 
Sp.  B. 

Jacob  Johnston  against  Godfrey  Waggonier  In  Case  Plu.  Cap. 

Jacob  Shillings  against  Henry  Newkirk  In  Case  Plu.  Cap. 

The  Same  against  the  same  In  Debt.  Plu  Cap. 

William  Dunnanghgain  against  James  Gray  In  Debt  Sp.  Bail. 

Paul  Froman  against  John  Dean  In  Case  Plu.  Cap. 

Thomas  Cook  against  Richard  Dickerson  In  Case.  Plu  Cap. 

John  Pearce  Sen.  against  Aron  Carter  In  Case  Al.  Cap. 

Thomas  Wells  against  Paulcer  Shillings     In  Case     A  Cap. 
(lo)         James  Murphy 

against  In  Case 

Jacob  Jones  Then-  came  the  parties  and  then  also  came 
a  Jury  To  wit.  James  Wright,  John  Wall,  Benjaman  Custard, 
Benjaman  Colli ngs,  Robert  Craighead,  David  McKee,  Enoch 
Springer,  Michael  Humble,  Matthew  Rogers,  Joseph  Cox, 
Patrick  Jourden  &  John  Johnston,  who  find  for  the  plaintiff  L 
i6.  15  6.  &  Costs. 

David  McClure 

against  In  Debt. 

Patrick  McElroy,  Assine.  Upon  the  motion  of  the  Plain- 
tiff Judgmt  was  Confesed  by  the  Difind  in  a  letter  to  the  clerk. 
It  is  Considered  by  the  Court  That  the  plantiff  recover  against 
the  Defendant  upon  Bond  Eighty  pounds  with  Interest  from 
the  Sixth  day  of  April  1777,  untill  paid  and  his  Costs. 

John  Brown  against  John  Crow.  In  Asst.  Dismd.  at  Plan- 
tiffs  Request. 

John  Pearce  Senr.  against  John  Reredon.     Slep.  Bail. 

Joseph  Pearce  against  Arnold  Evins  Al  Cap. 

Andrew  Swearingen 

against  In  Case 

Robert  Hamelton  Ordered  to  be  Dismissed  at  Plantiff 's 
request,  Defendant  paying  Costs. 

Andrew  Steel  against  Joeseph  Ralston.      In  Case  Al  Cap. 

William  Braden  against  James  Vannatree     In  Case  Al  Cap. 


Minutes  of  Court  of  Yohogania  County.  219 

Obidiah  Stout  against  Thomas  Thompson  and  wife  In  Slan. 
Al  Cap. 

Richard  McMahan  against  James  Bruce     In  Case  Agreed. 

William  Thompson  against  John  Fife  Sen.     In  Asst.  Plu  Cap. 

Cloe  Riggs  against  Ebenezer  Corn     In  Case  Al  Cap. 

Moses  Thompson  agt  William  Carpenter     In  Debt.  Al  Cap. 

Dorsey  Pentecost  against  Jacob  Long     In  Debt  Al  Cap. 

William  Brashers  against  Robert  Hamelton  In  Case  Al  Cap. 
(ii)         John  Nelson  against  Jacob  Shilling     In  Case  C.  O. 

John  White  against  Ezekil  Johnston     In  Case  Al  Cap. 

William  Bruce  against  Archibald  Frome     In  Case.  CO. 

John  Springer  against  Henry  Kearsey     In  Asst.  Al  Cap. 

Nicholas  Dawson  against  Francis  Kirkpatrick    In  SI.  Al  Cap. 

William  Thompson  agt.  John  Fife  Sen.      In  Tresp.  Al  Cap. 

John  Campbell  agt  William  Patterson.     In  Trespass  C.  O. 

Jacob  Shillings  vs  John  Wilson     In  Trespass  C.  O. 

William  How  vs.  William  Genoway,  Ebenezer  Corn  & 
George  Corn  Jun.     In  Trespass  Al  Cap. 

Paul  Froman  vs  James  Boyers     In  Tresp.  Al.  Cap. 

Michael  Myors  vs  Philip  Hooper     In  Trespass.  Al  Cap. 

John  Mitchel  vs.  Philip  Hooper.     In  Case.  Al  Cap. 

Mordeca  Richards  vs  Joseph  Ross     In  Slan.  Al  Cap. 

John  Springer  vs.  James  Dunnaughan     In  Trespass.  Al  Cap. 

John  Crow  vs  John  Brown     In  Sir.  agreed. 

Joseph  Baker  vs  John  Springer    In  Debt  Al  Cap. 

Daniel  Byers  vs  James  Patterson     In  Case  C.  O. 

Benjaman  Fullum  vs  William  Johnston,  John  McCornish. 
In  Asst.  Al  Cap. 

Benjaman  Fullum  vs  William  Johnston  &  John  McCornish. 
In  Case.  Al  Cap. 

David  Andrew  vs  Wr!  Johnston  In  Tresp.  Al  Cap. 

James  Johnston  agt.  Godfrey  Waggoner  In  Case  Al  Cap. 

Jacob  Shilling  vs  Samuel  Fortner  In  Tresp.  Al  Cap. 

Mary  Burriss  vs  David  Williams  In  Case.  Al  Cap. 

Upon  the  Motion  of  Andrew  Sweargen  ordered  that  his  Ear 
Mar  a  Crop  in  the  Left  Ear  and  a  hole  in  the  Right  be  recorded. 

Upon  the  Motion  of  Thomas  Hamelton  ordered  that  his  Ear 
mark  a  Crop  slit  and  a  bit  in  the  right  Ear  be  recorded. 


220  Annals  of  the  Carnegie  Museum. 

Upon  the  motion  of  Joshua  Wright  ordered  that  his  Mark  a 
Swolefork  in  the  Left  Ear  be  Recorded. 
(12)  Ordered  that  Isaac  Cox  Gentleman  contract  with  some 
Proper  Person  or  Persons  to  build  a  pair  of  Stocks,  whiping 
Post  and  pillory,  in  the  Court  house  yard,  and  also  a  compleat 
Bar,  and  other  work  in  the  Inside  of  the  Court  House  as  he 
may  thing  proper  for  the  conveniency  of  the  Court  and  Bar, 
the  whole  to  be  compleat  by  next  Court. 

George  McCarmick  Gentleman  high  Sheriff  Protest  against 
the  Strength  &  sufficiency  of  the  Goal. 

Ordered  that  the  Sheriff  summon  a  Grand  Jury  to  attend  the 
next  Court. 

Ordered  that  William  Price,  Thomas  Rogers,  and  Isaac 
Wells  be  appointed  Constables  to  serve  the  ensuing  year,  and 
that  they  be  Summoned  to  attend  the  next  Court  to  Qualify 
into  said  Office. 

Isaac  Cox  having  obtained  an  Atteachment  against  the  Estate 
of  Samuel  McCored  Thomas  Apple  garnishee  being  sworn  sayeth 
that  he  hath  about  five  acres  of  winter  grain  and  no  more  of 
the  Estate  of  the  sd.  Samuel  in  his  hands,  and  the  said  Samuel 
being  called  and  failing  to  appear  and  replevy  the  said  atteached 
effects  though  Solemnly  called,  the  Plantiff  produced  his  acct. 
of  five  pounds.  Ten  Shillings  and  four  pence  &  swore  to  the 
Justness  thereof.  Judgment  for  the  afores**.  sum  of  five  pounds 
Ten  shillings,  and  four  pence,  with  Costs  Ordered  that  the 
Sheriff  make  Sale  of  the  Atteached  Effects. 

Ordered  that  Court  be  adjourned  to  Court  in  Course. 

William  Goe. 

(13)  At  a  Court  continued  and  held  for  Yohogania  County  May 

the  25th.  1778. 

Present  George  Vallandingham,  John  McDonald,  Samuel 
Newell,  Benjamin  Kirkendall,  Gentlemen  Justices. 

Upon  the  Motion  of  William  Brur  Ordered  that  his  Ear 
mark  a  Crop  in  the  near  Ear,  and  under  bit  in  the  off  Ear  be 
recorded. 

Bargain  and  Sale  Ezekil  Johnston  to  Joseph  Beeler  Jun.  was 
proved  by  the  oath  of  Joseph  Beckett  one  of  the  subscribing 
witnesses,   and   ordered   to    be   recorded  as    Dorsey   Pentecos 


Minutes  of  Court  of  Yohogania  County.  221 

and  Joseph  Beeler  Sen.,  at  a  former  Court  was  Sworn  to  the 
Execution  of  said  Bargain  and  Sale  and  Subscribing  Witnesses 
Thereto. 

Administration  of  the  Estate  of  Conrad  Swessicks  deceased 
is  granted  to  Margaret  Swessicks  She  having  Complied  with 
the  Law. 

Andrew  Pearce  and  Sarah  Pearce  took  the  oath  of  Executrix 
&  Ex?!  of  the  Estate  of  James  Pearce  Deceased,  and  complied 
with  the  Law. 

Ordered  that  Zadock  Wright,  W*?  Brice,  Gabriel  Cox  and 
William  Frye  or  any  three  of  them  they  being  first  Sworn  do 
appraise  the  goods  chatties  and  credits  and  Slaves  if  any  of  the 
Estate  of  Conrad  Swessicks  deceased  and  make  return  to  next 
Court. 

Administration  of  the  Estate  of  Benjaman  Bruer  deceased  is 
granted  to  Mary  Bruer  she  having  complied  with  the  Law. 
(14)  Ordered  that  Joseph  Beeler  Sen,  Christopher  Hays  John 
Mellender  &  John  Morecroft  or  any  three  of  them  they  being 
first  sworn  do  appraise  the  goods  chatties  Credits  and  slaves  if 
any  of  the  Estate  of  Benjaman  Brewer  deceased  and  make  re- 
turn to  next  Court. 

Benjamin  Frye  Gentleman  Present. 

Administration  of  the  Estate  of  Jonathan  Higgs  deceased  is 
granted  to  Catharine  Higgs  she  having  complied  with  the  Law. 
Ordered  that  Joseph  Beeler  Sen.  Christopher  Hays  John  Mil- 
linger  and  John  Morecroft  or  any  three  of  them  they  being 
first  Sworn,  do  appraise  the  Estate  of  Jonathan  Higgs  deceased 
and  make  return  to  next  Court. 

Mesheck  Carter  enters  Special  Bail  for  Daniel  Williams  at 
the  suit  of  Isaac  Vance. 

Bargain  and  Sale  James  Patterson  to  John  Strauthers  for 
Six  Hundred  acres  of  Land  acknowledged  by  the  said  Patter- 
son and  Ordered  to  be  recorded. 

Hugh  Brawday  enters  Special  Bail  for  Jas.  Boyer  at  the 
Suit  of  Paul  Froman. 

Elijah  Hart  Took  the  oath  of  Lieutenant  of  the  Militia  for 
this  County  in  open  Coart. 

Elijah  Hart  and  Walter  Sparks  came  into  Court  and  took  the 
oath  of  AUegience  and  Fidelity. 


222  Annals  of  the  Carnegie  Museum. 

Administration  of  the  Estate  of  Archibald  McNeal  deceased 
is  granted  to  William  Filds,  he  having  complied  with  the  Law. 
Ordered  that  Thos.  Applegate  William  Crow,  Andrew  Pearce 
and  Walter  Wall  or  any  three  of  them  they  being  first  Sworn 
do  appraise  the  Estate  of  Archibald  McNeal  deceased  and 
make  return  to  next  Court. 

(15)  Benjamin  Jones  V  Patrick  McDonald.     Plu  Cap. 
Zacheriah  Connell  v  Samuel  Wells.     Contd. 

V  Providence  Maunce.     Contd 
John  Worshington  v  Michael  Morton.     Eject,  Contd. 
Edward  Ward  v  Richard  Dunn.     Contd. 

V  Joseph  Wells     Contd 
Walter  Briscoe  v  Edward  Todd     Contd. 
Zachariah  Connell  v  John  Lindsey     Contd. 
Peter  Reasoner  v  Davis  Ruth     Contd. 

John  Springer  Plan  tiff 

V  Upon   motion  of  the  parties 

Henry  Kearsey  Defendt.  ordered  to  be  refered  to  John 
Hull,  Henry  Taylor  &  George  Vallandingham. 

Valentine  Shuster  enters  Special  Bail  for  John  Eliott  at  the 
suit  of  Philip  Hooper. 

William  Collings  enters  Special  Bail  for  Michael  Myers  at 
the  suit  of  Philip  Hooper. 

William  Collings  enters  Special  Bail  for  George  Myers  at 
the  suit  of  Philip  Hooppr. 

William  Collings  enters  Special  Bail  for  Michael  Thomas 
and  Zebuland  Collings  at  the  suit  of  Philip  Hooper. 

View  of  a  Road  from  the  House  of  Edward  Cook  Crossing 
the  Monaungohela  River  at  the  House  of  John  Ratton's,  Thence 
to  or  Near  the  plantation  of  John  Hop  deceased,  Thence  to 
Luther  Colvin's  on  Pigeon  Creek,  Thence  the  nearest  and  best 
way  to  the  Road  Leading  from  Parkersons  to  Zebuland  Col- 
lings. Ordered  to  be  Confirmed,  and  that  the  Tithables  within 
three  miles  on  each  side  work  on  and  keep  said  Road  in  Repair. 

John  Decker,  John  Hull,  Samuel  Johnston,  Jacob  Johnston, 
Samuel  Frye  and  Henry  Newkirk  came  into  Court  and  Took 
the  oth  of  P'eledity. 

(16)  Peter  Reasoner   is  appointed   Surveyor  of  the  Road    from 
Edward  Cook's  to  John  Rattons  ferry. 


Minutes  of  Court  of  Yohogania  County.  223 

Nicholas  Christ  is  appointed  Surveyor  of  the  Road  from 
John  Rations  ferry  to  Pigeon  Creek,  near  the  House  of  Luther 
Colvins. 

John  Decker  is  appointed  Surveyor  of  the  road  from  Pigeon 
Creek  near  the  House  of  Luther  Colvins  to  the  road  Leading  to 
Parkersons  to  Zebulon  Collinings. 

Then  came  a  Grand  Jury  or  Inquest  of  the  Body  of  this 
County,  vizt.  John  Decker,  John  White,  Gabriel  Cox,  Jacob 
Bouseman,  Henry  Newkirk,  Jacob  Johnston,  John  Springer, 
Nicholas  Christ,  James  Wright,  Samuel  Johnston,  John  Hull, 
Samuel  Frye,  David  Andrew,  Joseph  Brown  &  James  Patter- 
son, who  being  Sworn  received  their  Charge  and  Retired  to 
their  chamber. 

Bargain  and  Sale  Jasper  Cawther  and  Catherine  his  wife  to 
(17)  David  Andrew  for  a  Tract  of  Land  on  the  waters  of  Millers 
Run  proved  by  the  oath  of  Samuel  McBride  and  James  Scott 
the  two  Subscribing  witnesses  &  Ordered  to  be  Certified. 

Edward  Kemp  enters  Special  Bail  for  Spencer  Colli ngs  at 
the  suit  of  Paulcer  Shilling. 

Joseph  Beeler  Jun.  came 'into  Court  and  Took  the  oath  of 
Deputy  Sheriff  of  this  County. 

Bargain  and  Sale  William  Wilson  to  Jeremiah  Ellis  for  One 
Hundred  and  five  Acres  of  Land.  Acknowledged  by  said 
Willson  and  Ordered  to  be  record. 

John  Riggs  enters  Special  Bail  for  Nathan  Ellis  at  the  suit  of 
Tacitus  Gillord. 

Henry  Kearsey  and  James  Munn  enters  Special  Bail  for 
William  Johnston  at  the  suits  of  Benjaman  Fullum  and  David 
Andrews. 

Henry  Kearsey  and  James  Munn  enters  Special  Bail  for 
Robert  Johnston  at  the  suit  of  Benjaman  Fullum. 

John  Gutteridge  produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Lieutenant  of  the  Militia,  which 
was  read,  and  Sworn  to  accordingly. 

License  is  granted  to  Joseph  Nicholas  to  keep  an  Ordinary 
at  his  Dweling  House  in  the  Town  of  Pittsburgh  the  Ensuing 
year  he  having  Complied  with  the  Law. 

William  Christie  enters  Special  Bail  for  Robert  McKindley 
at  the  suit  of  Susannah  Schley. 


224  Annals  of  the  Carnegie  Museum. 

(17)  Upon  the  motion  of  Tobias  Decker  Ordered  that  his  mark  a 
Crop  in  the  Left  ear,  and  Swolofork  in  the  right  be  recorded. 

License  is  granted  Richard  McMahan  to  keep  an  Ordinary 
at  his  Dweling  House  in  this  County  he  having  Complied  with 
the  Law. 

George  Christ  produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Ensign  of  the  Militia  which  was 
read  as  usual,  &  Sworn  to,  in  Open  Court. 

Inventory  of  the  Estate  of  Francis  Brown  deceased  returned 
/'  by  the  appraisers  and  ordered  to  be  recorded. 

Benjamin  Vannatree  enters  Special  Bail  for  James  Vannatree 
at  the  Suit  of  William  Braden. 

Ordered  that  Isaac  Cox  and  Benjamin  Kirkendall,  Gentle- 
men Bind  Andrew  Brooks  an  Orphan  to  Friend  Cox,  accord- 
ing to  law. 

Ordered  that  the  Clerk  draw  on  the  Treasury  of  this  Com- 
mon Welth  for  the  sum  of  Sixteen  pounds  for  the  support  of 
Anne  Jones  the  wife  of  Richd.  Jones  a  poor  Soldier  in  the 
Continental  Service. 

Ordered  that  Court  be  adjourned  Untill  Tomorrow  Morning 
7  OClock.  William  Goe. 

(20)         Court  met  According  to  adjournment  May  26,  1778. 

A  new  Commission  of  the  pice,  and  Commission  of  Oyor 
and  Terminer,  directed  to,  John  Campbell,  Edward  Ward, 
Thomas  Smallman,  Dorsey  Pentecost,  John  Gibson,  William 
Crawford,  John  Stephenson,  John  Cannon,  George  Valland- 
ingham,  William  Goe,  John  Neavill,  Isaac  Cox,  John  Mc- 
Dowell, Richard  Yeates,  John  McDonald,  George  McCormick, 
Philip  Ross,  Benjaman  Kirkendall,  William  Harrison,  Samuel 
Newell,  Thomas  Brown,  Thomas  Freeman,  John  Decomp, 
Joshua  Wright,  Oliver  Miller,  Benjaman  Frye,  Matthew  Richie, 
Jacob  Haymaker,  Andrew  Swearingen,  Benjaman  Harrison, 
Zachariah  Connell,  Isaac  Leet  Senr.  Joseph  Beeler  Senr.  John 
Carmichael,  James  Rogers,  Isaac  Meason,  James  McLane, 
James  Blackstone,  Joseph  Beckett  and  Joseph  Vance,  Gentle- 
men, which  being  read  as  usual,  the  said  William  Goe,  Thomas 
Freeman,  Andrew  Swearengen,  John  McDonald,  Benjaman 
Frye  and  George  Vallandingham,  Took  the  usual  oaths  of  Jus- 
tices of  the  Peace  and  Justices  of  Oyer  and  Terminer. 


Minutes  of  Court  of  Yohogania  County.  225 

The  Court  being  Constituted,  Took  their  seats  and  pro- 
ceeded to  Business. 

Anthony  Dunleavery  enters  Special  Bail  for  Joseph  Ross  at 
the  suits  of  Mordaca  Richard  and  Margarett  Brownfield. 

Tacitus  Gillord  Esquire  came  into  Court  and  Produced  a 

pasport  from  the  Board  of  War  and  Disered  that  the  same  may 

be  Entered  on  the  minutes  of  this  Court  as  a  Testimoneal  of 

his  Allegience  and  Fidelity  to  the  United  States  of  America 

whi  is  granted  and  is  as  follows. 

War  Office  York  Town 

October  15!''  1777. 
(21)  Tacitus  Gillard  Esq.  Late  an  Inhabitant  of  the  State  of  South 
Carolinia  being  on  his  way  to  Florida  or  some  of  the  Countries 
or  places  on  this  side  Thereof,  or  adjacent  Thereto,  where  he 
proposes  to  form  a  Settlement,  and  having  applied  for  a  pas- 
port  to  enable  him  to  go  and  Travel  through  the  parts  of  the 
Country,  in  allegience  to  and  in  Amity  with  the  united  States 
of  America,  and  having  produced  Testimonials  of  his  having 
Taken  the  Oaths  of  allegience  and  Fidelity,  to  the  said  States, 
These  are  to  permitt  the  said  Tacitus  Gillard,  Esqr.  freely  to 
pass  with  his  famely.  Servants,  Attendance,  and  Effects  Down 
the  River  Ohio,  and  all  persons,  are  Desired  not  to  molest  the 
said  Tacitus  Gallord  Esqr.  his  Pamily,  servants  and  Effects  on 
any  account  or  pretense  whatsoever. 

By  order  of  the  Board  of  War. 

RiCHD.   Peters  Secy. 
To  all  Continental  Officers  and  others  whom  it  may  Concern. 

Richard  McMahon  enters  Special  Bail  for  Jacob  Long,  Junr. 
at  the  suit  of  Benjaman  Caster. 

License  is  granted  Robert  Henderson  to  keep  an  Ordinary  at 
his  Dwiling  House  he  having  complied  with  the  Law. 

Andrew  Swearenghen  Gentleman  Absent. 

Administration  of  the  Estate  of  Joseph  Brashers  deceased  is 
granted  to  William  Brashers  he  having  complied  with  the  Law. 

Ordered  that  Bazel  Brown,  Thomas  Brow,  Hugh  Laughlin 
and  John  Laughlin,  do  appraise  the  Goods,  Chatties,  and 
Credits  and  Slaves  if  any  of  the  Estate  of  Joseph  Brashers  De- 
ceased. 


226  Annals  of  the  Carnegie  Museum. 

Andrew  Swearengen  Gentleman  Present. 
(22)  Administration  of  the  Estate  of  James  Loudt-n  deceased  is 
granted  to  Robert  Louden  he  having  complied  with  the  Law. 
Ordered  that  Ralph  Cherry,  Edward  Doyale,  Edmond  Lindsey 
and  Isaac  Meason  or  any  Three  of  them  they  being  first  sworn 
do  appraise  the  goods,  chatties,  credits  and  Slaves  if  any  of  the 
Estate  of  James  Loudon  deceased  and  make  returns  to  next 
Court. 

Isaac  Cox  and  Benjaman  Kirkendal  Gentleman  named  in  the 
Commission  of  the  peace  come  into  Court  and  Took  the  oaths 
of  Justices,  and  Justices  of  Oyer  and  Terminer. 

Ekiward  Kemp  produced  a  Commission  appointing  him  Cap- 
tain of  the  Militia,  which  was  read  and  sworn  to  accordingly. 

Upon  the  petition  of  David  Philips  and  Others  Ordered  that 
John  Jones,  Robert  Henderson,  and  John  Wall  they  being  first 
sworn  do  view  a  road  from  McKees  ferry  on  the  Monaunga- 
hela  River  to  Pentecost's  Mills  on  Churteers,  and  make  report 
of  the  Conveniency  and  Inconveniency  thereof  to  the  Next 
Court. 

Upon  the  Petition  of  David  Philips  Ordered  that  William 
Frye,  Jacob  Barrachman,  and  Jacob  Shilty  make  a  review  of 
the  road  from  Peters  Creek  to  Robert  Hendersons  and  make 
report  of  the  conveniences  and  Inconveniences  of  the  nearest 
and  best  way,  to  next  Court. 

Samuel  Xewell  gentleman  named  in  the  Commission  of  the 
piece  come  into  Court  and  Took  the  Oaths  of  Justices  of  the 
pece  and  Justices  of  Oyer  and  Terminer. 

Resolved  as  a  Rule  that  this  Court  will  attend  on  the  Busi- 
ness of  this  County  and  proceed  to  give  ludgmt  and  Deter- 
mine Causes,  in  the  months  of  March,  May,  August  and  No- 
vember, and  that  In  the  Intermediate  Courts  the  Justices  will 
hold  Court  for  proving  of  Wills,  deeds,  <S:c.  c^c.  ^^c. 
<  23  )  L'pon  the  motion  of  George  Schley  ordered  that  his  Mark  a 

Crop  in  the  right  P2ar  be  recorded. 

Naturalization  of  George  Schley  was  read  and  on  the  motion 
of  the  said  George  Ordered  to  be  recorded. 

lames  Kirkindall  enters  Special  Bail  for  Samuel  Dunn  at  the 
-uit  of  Sam'jel  Holms. 

Ordered  that  the  Sheriff  make  sale  of  Cornelius  Crow  an  In- 


Minutes  of  Court  of  Yohogania  County.  227 

dented  Servant  belonging  to  John  Harry,  and  pay  the  money 
arising  from  such  sale  to  the  said  Harry. 

Upon  the  Petition  of  William  Anderson  Leave  is  granted 
him  to  keep  a  ferry  from  his  own  Land  on  the  South  Easterly 
side  of  the  Monaungohela  River  to  the  Lands  of  Andrew 
Heath  on  the  Opposite.  And  that  the  said  Anderson  shall  re- 
ceive Nine  pence  for  Man  and  Horse,  four  pence  half  penny 
for  every  Head  of  neat  Cattle,  and  the  same  for  a  foot  person, 
furthermore  to  ferry  over  the  Militia  on  publick  Muster  days 
at  the  rate  of  four  dollars  pr  day. 

Upon  the  motion  of  Godfrey  Waggoner  ordered  that  his 
ear  mark  a  hole  in  the  left  ear  &  a  slitt  in  the  right  be  Re- 
corded. 

Jacob  Feagly 

V  in  Case 

Hugh  Brawdy  Then  came  the  defendt.  &  pleads  the  gene- 
ral Issue.  Then  came  a  Jury  viz.  Joseph  Skelton,  William 
Taylor,  Ezekiel  Johnston,  Friend  Cox,  David  Phillips,  Alex- 
ander Douglas,  John  Wall,  George  Long,  Thos.  Lapsy, 
Michael  Humble,  Saml.  Dunn  &  John  Cox,  who  sayeth  that 
the  Defendant  hath  not  paid  the  Dett  as  in  pleading  he  hath 
allegd.  Judgment  for  ;^.  7  :  8  :  9  Int  7  S.  6  and  Costs. 
(24)  Upon  the  Petition  of  Elizabeth  McMahon  against  Peter 
Ebrod.  It  is  considered  by  the  Court  that  the  Plaintiff  recover 
against  the  Defendant  three  pounds  and  three  pence  with  In- 
terest from  the  13th  day  of  May  1763  untill  paid. 

Leave  is  granted  Samuel  Ewalt  to  kefep  an  Ordinary  at  his 
Dweling  House  in  the  Town  of  Pittsburgh  he  having  Com- 
plied with  the  Law. 

The  Deppotion  of  James  Elliott  and  John  Barr  Taken  before 
John  Campbell  Esq.  upon  the  Motion  of  James  Swolevan  in 
behalf  of  David  Dunkin.     Ordered  to  be  recorded. 

Jacob  Decker 

V  Petition.     Ordered  to  be  Dismissed  at 

Joseph  Hill  Sen     Plaintiffs  Costs. 

Upon  the  petition  of  Hugh  Sterling  against  Anthony  Dun- 
leavey.  It  is  considered  by  the  Court  that  the  Plantiff  Re- 
cover against  the  Defendant  the  sum  of  three  pounds  four 
shillings,  and  Costs. 


228  Annals  of  the  Carnegie  Museum. 

Tacitus  Gallard  Plantiff 

V  In  Trover 

Nathan  Ellis  Defendt.  Then  come  the  parties  and  agreed 
to  Leave  their  Controversy  to  the  Judgment  of  the  Justices  Sit- 
ing, without  the  formality  of  a  Jury.  Whereupon  Judgment 
is  given  the  Plantiff  for  One  hundred  and  forty  five  Bushells 
of  Corn  and  Costs,  upon  Tacittis  Gilliard's  demand  of  the  Corn 
&  Tender  of  a  Coppy  of  this  Judgment. 

Bazil  Brown 

V  In  Case  Contd.  premtory  order.     Rule 

Robert  Hamilon     of  Trial  next  Court. 
(25)         Alexander    Sumral     &    Thomas    Jock   v   Walter   Sumral, 
Contd. 

Upon  the  motion  of  Tacitus  Gillard  Ordered  that  the  Sheriff 
summon  John  McCullum  be  Sommoned  to  attend  this  Court 
Tomorrow  by  two  OClock  after  noon  to  prosecute  his  action 
against  said  Gillord. 

William  Marley  producd  to  this  Court  a  Commission  from  his 
Excellency  the  governour  appointing  him  Ensign  of  the  Mililia 
which  was  read  &  swore  to  accordingly. 

James  Fasithe  was  Brought  into  Court  and  Stands  Charged 
with  Disaffection  to  the  State,  who  pleads  not  Guilty,  where- 
opon  come  the  same  Jury  as  before,  who  say  that  the  sd.  James 
Fasith  shall  pay  a  fine  of  Twenty  dollars  and  Suff*er  forty  Eight 
hours  Confinement  in  the  Common  Goal,  and  before  he  be 
Discharged  therefrom  give  such  Security  as  the  Court  Shall 
think  fit. 

Edward  Kemp  enters  Special  Bail  for  Samuel  Fortner  at  the 
suit  of  Jacob  Shilling. 

Jacob  Johnston  enters  special  Bail  for  Henry  Newkirk  at  the 
suit  of  Jacob  Shilling. 

Upon  the  motion  of  Abraham  Fry  by  Benjamin  his  son  or- 
dered that  Abrahams  ear  mark  an  under  Bit  out  of  the  under 
side  of  each  ear  be  Recorded. 

William  Boshears  produced  to  this  Court  a  Commission  from 
his  Excellency  the  Governour  appointing  him  Lieutenant  of 
the  Militia  which  was  red  and  sworn  to  accordingly. 

W"  Downs  enters  Special  Bail  for  Philip  Hooper  at  the 
suit  of  Michael  Myers. 


Minutes  of  Court  of  Yohogania  County.      229 

W°-  Downs  enters  Special  Bail  for  Philip  Hooper  at  the  suit 
of  John  Mitchell. 

(26)  Benjamin  Vinater  enters  Special  Bail  for  Godfrey  Waggoner 
at  the  suit  of  James  Johnston. 

Upon  the  Complaint  of  John  Campbell  Gentleman  that  Sam- 
uel St.  Clair  &  Joseph  Erwin  have  Intentionally  raised  Sedition 

6  mutinous  Disturbances  in  the  militia.  Ordered  that  the 
said  Samuel  and  Joseph  be  held  in  five  hundred  pounds  Bail 
each,  with  two  sureties  for  each  in  the  sum  of  Two  hundred  & 
fifty  pounds  each.  Whereupon  the  said  Samuel  St.  Clair  Came 
into  Court  with  John  Gorley  and  Michael  Humble  his  securi- 
ties and  did  Acknowledge  to  ow  to  Patrick  Henry  Esq.  Gov- 
ernor or  Chief  Majestrate  of  the  Common  Welth  or  his  Suc- 
cessor in  Office  the  sd.  Samuel  in  five  Hundred  pounds,  and 
the  said  Suretys  in  Two  Hundred  &  Fifty  pounds  each,  to 
be  levied  on  their  respective  goods  and  Chatties  Lands  & 
Tenements,  on  the  Condition  that  the  said  Samuel  be  of  his 
Good  Demeaner  Towards  all  within  this  Common  Wealth,  and 
Towards  all  the  Good  Subjects  of  the  same  for  one  year  and  a 
Day.  Joseph  Irwin,  with  Thomas  Lapsley  and  John  Gorley 
his  sureties  enter  into  recognezonce  as  Aforesaid. 

Thomas  Lapsley  and  Robert  Henderson  produced  Commis- 
sions from  the  Governor  appointing  them  Lut*s  of  the  Militia 
which  was  read  and  Sworn  to  Accordingly. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  Morning 

7  oClock.  George  Vallandigham. 

(27)  May  the  27^'*,  1778.     Court  met  according  to  adjournm't. 
President  William  Goe,  George  Vallandham  Samuel  Newell, 

John  McDonald,  Gentlemen,  Present. 

On  the  motion  of  Henry  Taylor  Ordered  that  his  mark  a 
Crop  in  the  Left  Ear  and  Two  Slitts  in  the  right  ear  be 
recorded. 

Thomas  Freeman  Gentleman  Present. 

James  Ravenscroft  P. 

V  Hog  Stealing. 

Samuel  Beeler  D. 

Then  came  the  parties  and  then  came  also  a  Jury,  Towit : 
Joseph   Shelton,    Edward   Kemp,    Uriah    Johnston,    Ezekiel 


230  Annals  of  the  Carnegie  Museum. 

Johnston,  Alexander  Duglass,  Thomas  Lapsley,  George  Long, 
William  Marshall,  Nathan  Ellis,  James  Wright,  Benjaman  Col- 
lings,  Benjaman  Cox,  which  being  Elected  and  Sworn  Sayeth 
that  the  said  Samuel  is  gelty.  Ordered  That  the  said  Samuel 
be  fined  Ten  pounds  Current  money,  and  four  Hundred 
pounds  of  Tobacco.  The  Tob*o  be  paid  to  James  Ravenscroft 
being  Owner  and  Informer.  Ordered  that  Thomas  Moore  be 
aird  five  Days  attendance  as  a  witness  in  the  above  suit.  John 
Hull  the  same,  Charles  Phi  lis  the  Same. 
(28)  Joshua  Wright  Gentleman  named  in  the  Commission  of  the 
peace  and  Commission  of  Oyer  and  Terminer  came  into  Court 
and  took  the  oaths  of  Justice  of  the  piece,  and  Justices  of 
Oyer  and  Terminer. 

David  Philips  v  Joseph  Killpatrick,  Thomas  Miller  and 
Allexander  Miller.  Ordered  to  be  Dismissed  at  Plaintiffs 
Request. 

Joseph  Killpatrick  v  David  Philips  ordered  to  be  dismissed 
at  Plan  tiffs  request  and  Costs. 

The  Grand  Jury  having  found  a  Bill  against  James  Mc- 
Goldreck  for  puling  down  a  Block  House  belonging  to  the 
Town  of  Pittsburg,  the  said  James  being  Called  plead  not 
guilty,  then  come  the  said  Jury  as  before,  and  being  Elected  & 
Sworn  sayeth  that  the  said  James  is  Gilty.  Ordered,  be  fined 
Ten  pounds  Curr't.  money. 

Zacheriah  Connell  v  Nathaniel  Brown  Ag'd. 

Alexander  Bowling  v  Francis  Morrison  Cont'd. 

Christian  Summitt  v  John  Gallehor  &  wife  Cont'd 

Hugh  Sterling  v  Mordecai  Richards  Cont'd. 

Benjamin  Wells  v  Hugh  Xewell  Cont'd. 

Isaac  Vance  v  Daniel  Williams  Ej.  Cont'd. 

Hugh  Brawdy  v  Jacob  Feagley  Cont'd. 

William  Brasher  v  Robert  Hamelton  Cont'd. 

John  Smith  v  Sarah  Dye  Dismiss,  p.  Dead. 

Thomas  Cook  v  James  Ferrell  Ejmt.  Cont'd. 

Joseph  Cox  V  John  Williams,  Theodorus  Daviss  Cv:  wife  & 
Marv  Hazle  Cont'd  &:  F.  R. 

Joseph  Cox  V  John  Williams  and  Theodorus  Daviss  C.  P.  R. 

John  Lydea  v  Joseph  Cox  Cot'd. 

Dorsey  Pentecost  v  Christopher  McDonald,  Cont'd. 


Minutes  of  Court  of  Yohogania  County.  231 

Oliver  Miller  Gentleman  named  in  the  Commission  of  the 
piece,  came  into  Court  and  Took  the  oath  of  Justices  of  the 
pice,  and  Justice  of  Oyer  &  Terminer. 

(29)  William  Christy  &  Joseph  Nichols  enter  themselves  as  Sure- 
ties for  Jacob  Bousman's  punctually  &  faithfully  keeping  proper 
&  suitable  Boats  &  hands  for  ferrying  the  Inhabitants  across  the 
River  at  his  ferry  Backwards  &  forwards,  in  the  penal  sum 
of  five  hundred  pounds. 

Rodrick  Frazer  and  John  Ferry  appointed  Constables  to 
Serve  the  Ensuing  year,  and  that  they  be  summoned  before 
some  one  Justice  for^this  County  and  Qualify  into  said  Office. 

Thomas  Gist  v  Richard  Waller  Cont'd. 

V  John  Hall  Cont'd. 

V  Henry  Boyles  Cont'd. 
John  Lawrence  v  Thomas  Rogers  Cont'd 
Thomas  Cooke  v  Levington  Thomas,  Cont'd. 
Elizabeth  Burriss  v  Naomi  Tropman  Con. 

Leave  is  granted  William  Anderson  to  keep  an  Ordinary  at 
his  Dulling  House  in  this  County,  he  having  Complied  with 
the  Law. 

Archibald  Hull  v  Thomas  Bondfield  Cont'd. 

Joseph  Wherry  v  John  White  Contd.  at  plaintiffs  Costs. 

Ordered  that  a  Dedimus  Issue  to  take  the  Examination  of 
Matthew  Rogers  &  Ezekil  Johnston,  Witness  in  behalf  of  John 
White  at  the  suit  of  Joseph  Wherry. 

Mary  Burriss  v  John  Johnston  &  Michael  Humble.  Cont'd 
P.  R. 

William  Dunn^nghgain  v  James  Gray.     Cont'd. 

John  Peare  Senr.  v  John  Reredin.     P.  Dead.     Dismiss' d. 

John  Nelson  v  Jacob  Shilling     Cont'd. 

Jacob  Shilling  v  John  Nelson     Contd. 

Daniel  Byers  v  James  Patterson.     Contd. 

William  Brue  v  Archibald  Frome  Dismissd  at  plantiffs  re- 
quest. 

(30)  John  McDonald  having  obtained  an  Atteach.  against  Nathanie 
Patten,  and  the  Constable  having  returned  that  he  had  Leveyed 
said  Atteachment  in  the  hands  of  Andrew  Link  and  William 
Willson,  and  Sommoned  them  as  Garneshees.  Ordered  that 
the  sd.  Link  &  Wilson  be  forced  before  the  next  Court  to  Shew 


232  Annals  of  the  Carnegie  Museum. 

how  much  &  what  they  have  in  their  hands  of  the  Estate  of  sd. 
Patten. 

Upon  the  Motion  of  William  Marshall  Ordered  that  his 
marke  a  Crop  in  the  left  ear  and  Crop  and  slit  in  the  right  ear 
be  recorded. 

John  McCullum  v  Isaac  Gallard 

V  Tacitus  Gallard  In  Case. 

This  day  come  the  parties  and  agreed  to  submit  their  Con- 
troversy to  the  Justices  now  sitting,  and  after  hearing  the  Alle- 
gations and  Defence  are  of  Opinion  that  the  Defendants  have 
paid  the  Debt  in  the  Declaration  mentioned,  and  ordered  to  be 
Dismissed. 

Upon  the  motion  of  John  Trumbo  Ordered  that  his  mark  a 
Crop  and  upper  bill  in  the  near  Ear,  and  his  Brand  I°T  be 
recorded. 

Benjaman  Jones  v  Patrick  McDonald.     P.  C. 

Zacheriah  Connell  v.  Abraham  Vaughan.     P.  C. 

David  Willson  v.  Henry  Bowling     Agrd. 

John  Sperry  v  Samuel  Beeler     C.  O. 

John  Gallehan  &  wife  v.  Christian  Summitt     P.  C. 

Joseph  Lindsey  v.  George  Long.     C.  O. 

Richard  Swessichs  v  Jacob  Jones     P.  C. 

Paul  Froman  v  Robert  McCrowry     P.  C. 

Francis  Morrison  v  David  Swigert     C.  O. 

George  Schley  v  John  Rammage     agd. 

Susannah  Schley  v  Robert  McKindley     S.  R. 

Thomas  Freeman  v  John  Linch.        f  Dismissed 

v  Samuel  Lynch.  J  at  Plantiff's 
v  James  Lynch.     I  Request. 
(31)         Jacob  Bousman  v  Jos.  Bradley.     Agreed. 

Froman  v  Dean     Plu  Cap. 

Cook  V  Dickerson    P.  Cap. 

John  Pearce  Senr.  v  Aron  Carter     In  Case  p.  Dead.  D. 

V  the  same        same  Order. 

Thomas  Wells  v  Paulcer  Shillings     CO. 

Joseph  Pearce  v  Arnold  Evins    P.  Cap. 

Andrew  Steel  v  Joseph  Rolstone    P.  C. 

Stout  v  Thompson  &  wife     agreed. 


Minutes  of  Court  of  Yohogania  County.  233 

W*"  Thompson  v  John  Fife  Sen.     agrd. 
Cloe  Riggs  V  Ebenezer  Corn    P.  C. 
Moses  Thompson  v  William  Carpenter     P.  Cap. 
Dorsey  Pentecost  v  Jacob  Long     C.  O. 
William  Brashers  v  Robert  Hamelton.     P.  C. 
John  White  v  Ezekiel  Johnston     P.  C. 
Nicholas  Dawson  v  Francis  Kirkpatrick     P.  C. 
William  Thompson  v  John  Fife  Sen.     agreed. 
John  Campbell  v  William  Patterson     P.  C. 
William  How  v  William  Geneway  "j 

V  Ebenezer  Corn        V  P  C 

V  George  Corn  Ju.     I 

John  Springer  v  James  Dunnaughhow.     agreed. 

Joseph  Barker  v  John  Springer.  The  plantiff  Living  out  of 
the  Country,  the  Defendt.  dem'd.  security  for  costs,  which  was 
not  Complied  with  and  Ordered  to  be  Dismissed. 

Benjaman  Fullum  v  John  McCornish.      P.  Cap. 

the  same     Plu 

Mary  Burriss  v  David  Williams.     P.  C. 

James  Patterson  v  Aaron  Carter     agreed 

James  Murphy  v  Mordacai  Richard     P.  C. 

Paul  Froman  v  William  Stephens     P  C 

Mary  Burriss  v  Abraham  Jones     P.  C. 

(32)  Sam  Johnston  &  Isaac  McMichel  produc'd.  Commissions 
from  his  Excellency  the  Governour  appointing  them  Ensigns 
of  the  Militia  which  ware  red  &  swore  to  accordingly. 

John  Chamberlain  produced  to  this  Court  a  Commission 
from  his  Excellency  the  Governour  appointing  him  Lieutenant 
of  Militia  which  was  red  &  swore  to  accordingly. 

James  Faisaithe  come  into  Court  with  Mabary  Evins  and 
James  Holliday,  and  did  acknowledge  to  owe  to  Patrick  Henry 
Esq.  Governor  and  Chief  Majestrate  of  this  Common  Wealth 
or  his  Successor  in  Office  in  the  Sum  of  Twenty  pounds,  the 
said  Fasithe  and  his  Sureties  in  the  sum  of  Ten  pounds  each, 
to  be  Levied  on  his  goods  and  chatties  Lands  and  Tenements 
for  the  use  of  the  said  Patrick  Henry  or  his  Successor  in  Office 
if  default  is  made  in  this  Condition,  that  the  said  James  Fasithe 
shall  be  of  good  Demeaner  to  this  Common  wealth,  and  all  the 


234  Annals  of  the  Carnegie  Museum. 

Leage  People  Thereof  for  the  Term  of  one  year  and  one  Day 
Ensuing  the  date  hereof 

Ordered  that  John  Wall,  James  Wright,  Andrew  Vaughan 
and  Benjaman  Collings  or  any  three  of  them  being  first  Sworn 
do  appraise  the  goods  Chatties  and  Credits  and  Slaves  if  any 
of  the  Estate  of  Samuel  Richardson  deceased,  and  make  return 
to  Next  Court. 

John  G.  Masterson  is  Recommended  to  his  Excellency  the 
Governor  as  a  proper  person  to  serve  as  Lieutenant  of  the 
Melitia. 

John  Daniel  is  recommended  to  his  Excellency  the  gover- 
nor as  a  proper  person  to  Serve  as  Ensign  of  the  Melitia. 
(33)  Upon  the  motion  of  Joseph  Philis  Ordered  that  his  mark 

a  crop  and  slit  in  the  right  ear,  and  a  Swollow  fork  and  half 
penny  one  left  Ear  be  recorded. 

Upon  the  motion  of  Henry  Hoglond  ordered  that  his  mark 
a  Crop  and  under  slit  in  the  Left  ear,  and  an  under  bit  in  the 
right  ear,  be  recorded. 

Upon  the  motion  of  John  McDonald  Ordered  that  his  mark 
a  Swallow  fork  in  the  Left  ear  and  Swallow  fork  and  under  bit 
in  the  right  E^r  be  recorded. 

Bazel  Stotner  is  appointed  Consta  to  serve  the  Ensuing  and 
that  he  be  Sommoned  before  William  Goe  Gentleman  to  Qual- 
ify into  said  Office. 

Upon  the  Motion  of  Thomas  Moore  Ordered  that  his  make 
a  Cropt  and  Slit  in  the  right  ear  and  two  slits  in  the  Left,  be 
recorded. 

Henry  Hoyles,  Thomas  Philip  &  Jacob  Knap,  are  appointed 
Constables  the  Ensuing  year,  and  that  they  be  Sommoned  to 
appear  before  some  one  Justice  of  this  (bounty  and  Qualify  into 
said  Commission. 

Ordered  that  Isaac  Cox,  Thomas  Freeman  ^  Andrew  Swear- 
ingen  Gentlemen  distribute  the  Cards  Consigned  for  this  County 
u[)on  proper  ^:  suitable  Sertoficates  to  them  produced,  and  that 
two  thirds  be  delivered  Isaac  Cox  and  Andrew  Swearengen,  and 
one  third  to   Thos.  Freeman  (ientleinan. 

( )rdere(i  that  the  (icntleinen  named  in  the  Commission  of 
peace  for  this  County  yet  Remaining  un«jualify'd  be  Summoned 
to  next  Court  to  cjualify  at  cordingly. 


Minutes  of  Court  of  Yohogania  County.  235 

John  Campbell  Gentleman  named  in  the  Commission  of  the 
peace  &  Commission  of  Oir  &  Terminer  Came  into  Court  & 
took  the  oath  of  Justice  of  the  peace  &  Justice  of  Oir  &  Ter- 
miner accordingly. 

(34)  Ordered  that  Court  be  adjourned  untill  Court  in  Course. 

George  Vallandingham. 

(35)  At  a  Court  continued  and  held  for  Yohogania  County  June 
the  22"*'-  1778. 

Present  Isaa.  Cox,  Benjaman  Kirkindall,  Benjamin  Frye, 
Samuel  Newell,  Gentlemen  Justices. 

Inventory  of  the  Estate  of  Conrod  Swessicks  deceased,  re- 
turned by  the  appraisers  and  Ordered  to  be  Recorded. 

Joseph  Beeler  and  Joseph  Beckett  Gentlemen  named  in  the 
Commission  of  the  Pice  and  Commission  of  Oyer  and  Terminer 
came  into  Court  and  took  the  Oath  of  Justice  of  the  piece  and 
Justice  and  Justices  of  Oyer  and  Terminer. 

James  Brue  v.  Benjaman  Patton.  Rich'd  McMahon     S  P 

Andrew  Steel  P. 

V  In  Case 

Joseph  Rolston  Jr.  Then  come  the  parties  and  agreed  to 
Submit  their  Controversy  to  the  Justices  now  sitting.  Jud'm't. 
for  24  L.  Cur.  Money  &  Costs. 

Bargain  and  Sale  Gasper  Carther  to  David  Andrews,  for 
Tract  of  Land  was  proved  by  the  oath  of  David  Welch  one  of 
the  Subscribing  Witnesses  thereto  and  Ordered  to  be  recorded. 
Samuel  McBride,  &  James  Scott  witnei-s  Thereto  was  attested  at 
a  former  Court,  to  the  Execution  of  ist  Bargain  and  Sale. 

Charles  Masterson,  John  Daviss,  Jonah  Potter  &  Shadrach 
Carter,  William  Masterson  &  Joseph  Hart  took  the  Oath  of 
Allegience  and  Fidelity. 

Reuben  Case  and  John  Guttery  being  bound  in  recognizance, 
and  stands  charged  with  Secreting  abeting  and  .  .  .  abeting 
the  Secreting  Theophilus  Case  a  Continental  Soldier.  Ordered 
to  be  Dismissed. 

James  Richards  v  Mordeca  Richards,  John  McCormick  S.  B. 

Benjaman  Fullum  v  John  McCornish,  Mordeca  Richards 
S.  B. 


236  Annals  of  the  Carnegie  Museum. 

Mary  Burriss  v  David  Williams,  Saml.  Devoir  S.  B. 
David  Williams  took  the  oath  of  Allegiance  and  Fidelity  to 
the  State. 

Paul  Froman,  Plant. 

v  In  Case. 

William  Stevens  Defd.  At  Request  of  Parties  Ordered  to 
be  Refered  to  John  McDowell,  James  Allison,  Thomas  Eger- 
ton,  Jacob  Long,  Leverton  Thomas,  John  Cox  and  John  Wall 
and  return  this  Judgment  to  next  Court. 

Bargain  and  Sale  Paul  Froman  to  Joseph  Beckett  for  a  Sur- 
vey of  Land  on  the  Monaungahela  River  including  Froman' s 
old  mill.  Acknowledged  by  said  Froman  and  Ordered  to  be 
Recorded. 

Edward  Hughy  produced  a  License  from  the  Presbytry  of 
London  Derry  in  the  kingdom  of  Ireland  to  Preach  the  Gospel 
of  Jesus  Christ,  which  was  Read.  Whereupon  the  said  Edward 
came  into  Court  and  Took  the  Oath  of  Allegiance  and  Fidelity 
to  this  Common  Wealth. 

William  How  v.  George  Corn  Jur,  William  Jencons,  George 
Corn  Sr.     S.  B. 

Upon  the  Petition  of  Paul  Froman  Ordered  that  Nicholas 
De  Pugh,  John  Lovejoy,  Robert  McGee,  and  James  Colvin  or 
any  three  of  them  View  a  Road  the  nearest  and  best  way  from 
Devoir's  Ferry  to  Pentecost's  Mills  on  Charteers  passing  by 
Fromans  Mill  on  Mingo  Creek  and  report  the  Conveniences 
and  Inconveniences  to  Next  Court. 
(37)  Licese  is  Granted  Jacob  Judy  to  keep  an   Ordenary  at  his 

Duiling  House  he  having  Complied  with  the  Law. 

B.  Frye  Abst. 

James  Boyer  v  Paul  Froman,  Benjaman  Frye     S.  B. 

B.  Frye  Gent.  Brest. 

Henry  Newkirk  v  Jacob  Shilling,  John  Williams     S.  B. 

Paul  From  v  Robert  McCrowry,  Michael  Powers.     S.  B. 

Assignment  of  a  Bill  of  Sale.  Andrew  Devoir  Frederick 
Cooper.  Acknowledged  by  Samuel  Devoir  one  of  the  Assinees 
on  sd  Bill  of  Sale.     Ordered  to  be  Recorded. 

License  is  granted  David  Dunking  to  keep  an  Ordenary  at 
his  House  in  the  Town  of  Pitts  Burgh  he  having  Complied 
wiih  the  Law. 


Minutes  of  Court  of  Yohogania  County.  237 

Writ  of  Adquidomcen  ^  is  granted  Paul  From  to  condemn  an 
Acre  of  Land  to  Build  a  Mill  on  a  Branch  of  Mingo  Creek. 

William  Johnston  enters  himself  Defendant  at  the  suit  of 
Timmothy  Turnout  Lessee  of  David  Andrews  against  Sawney 
Saphead. 

License  is  granted  Francis  Kelder  to  keep  an  Ordinary  at  his 
Dweling  House  He  having  Complied  with  the  Law. 

Richard  Yeats  Gentleman  Named  in  the  Commission  of  the 
peace  and  Commission  of  Oyer  and  Terminer  came  into  Court 
and  Took  the  0th  of  Justice  of  the  peace  and  Justice  of  Oyer 
and  Terminer. 

James  Hogland  Produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Lieut,  of  the  Militia,  which  was 
read  and  sworn  to  Accordingly. 
(3^)         John  Hogland  v  Matthew  Loghlin,  Mastick  Carter     S.  B. 

v  George  Riggle,  Shadreck  Carter     S.  B. 

Walter  McFarlin  v  Samuel  Beeler,  Geo.  McCarmick     S.  B. 

Thomas  Smallman  Gentleman  Named  in  the  Commission  of 
the  Peace  and  Commissioner  of  Oyer  and  Terminer,  came  into 
Court  and  took  the  Oath  of  a  Justice  of  Peace  and  Justice  of 
Oyer  and  Terminer. 

Daviss  Ruth  enters  himself  Defendant  at  the  suit  of  Tim- 
mothy Turnout  Lessee  of  John  Decker,  against  Sawney  Saphead. 

James  Matthew  v  William  Hibbitt,  Anthony  Corker  S.  B. 

Administration  of  the  Estate  of  Dennis  Stephens  dec'd.  is 
granted  to  Daviss  Ruth  he  having  complied  with  the  Law. 

Ordered  that  David  Richie,  Luther  Colvin,  Nicholas  Depugh, 
&  John  Miller  or  Any  three  of  them  being  first  Sworn  do  ap- 
praise the  goods,  chatties,  Credits  and  Slaves  if  any  of  the  Es- 
tate of  Dennis  Stephens  deceased  and  make  return  to  next 
Court. 

Leave  is  granted  John  Reredin  to  keep  an  Ordinary  at  his 
dweling  House  in  this  County  he  having  Complied  with  the 
Law. 

Upon  the  Petition  of  John  Miller  seting  forth  that  William 
Cills  is  aged  and  Infirm  and  Not  able  to  maen  himself,  Ordered 
that  Thomas  Smallman  Gentleman  agree  with  some  proper 
person   to  support  and  maintain  the  said  William  Cills,  and 

1  So  written,  but  possibly  intended  for  "  ad  damnum  inquirendum." 


238  Annals  of  the  Carnegie  Museum. 

that  such  person  bring  in  his  account  at  the  Laying  of  the  next 
Levy. 

William  Deal  is  appointed  Constable  in  place  of  Malechias 
Hays. 

Whereas  George  McCarmick  Gentleman  was  at  a  former 
Court  appointed  Sheriff  for  this  County,  for  one  month,  and  at 
the  same  Time  recommended  the  said  George  McCarmick  to 
his  Excellency  the  Governor  as  a  proper  person  to  Serve  as 
Sheriff  for  this  County  by  the  Ensuing  year,  and  no  Commis- 

(39)  sion  as  yet  arrived  for  the  said  Sheriff,  and  his  pro  Tempory 
appointed  being  now  Expired,  the  County  is  without  a  Sheriff. 
Ordered  that  the  said  George  McCarmick  Gentleman  be  ap- 
pointed Sheriff  for  this  County  for  and  During  the  Term  of  one 
Month  next  Ensuing  he  complying  with  the  I^w. 

John  Gibson  Gentleman  named  in  the  Commission  of  the 
pice  and  Commission  of  Oyer  and  Terminer  come  into  Court 
and  Took  the  Oath  of  Justice  of  the  piece  and  Justice  of  Oyer 
and  Terminer. 

ZacheriahConnelv  Abraham  Vaughan,  Mordeca  Richards  S.  B. 

John  Campbell  Gentleman  Present. 

Ordered  that  William  Deal  be  fined  Ten  Shillings  for  Refus- 
ing to  Serve  as  Constable. 

Ordered  William  Evins  be  appointed  Constable  the  Ensuing 
Year,  and  that  he  be  Sommoned  before  the  nearest  Justice  to 
Qualify  into  said  Office. 

A  Request  from  the  Court  of  Ohio  [County]  to  call  on  the 
Commissioners  for  adjusting  the  Boundary  Line  between  this 
County  and  the  sd.  County  of  Ohio.  This  court  are  of  Opin- 
ion that  the  sd.  Request  is  highly  reasonable.  It  is  Therefore 
Ordered  that  the  Commissioners  on  the  part  of  this  County 
doth  proceed  to  finish  the  Business  to  which  they  have  been 
appointed  and  make  report  to  next  Court. 

Thomas  Bay  produced  a  Commission  from  the  Governor 
appointing  him  Lieut,  of  the  Militia  which  was  read  and 
Sworn  to  Accordingly. 

John  Campbell  Abst. 

(40)  License  is  granted  to  James  McClellen  to  keep  an  Ordinary 
in  the  Town  of  Pittsburgh  he  having  Com|)lied  with  the  Law. 

Ordered  that  William   Masterson,  Charles  Masterson,  John 


Minutes  of  Court  of  Yohogania  County.  239 

Guttery,  Mesheck  Caster  and  Richd.  Hoopkins,  who  is 
Guilty  of  a  Briech  of  the  peace  in  the  presence  of  the  Court, 
be  and  remain  in  the  Custody  of  the  Sheriff  and  be  brought 
before  the  Court  Tomorrey  at  seven  oclock. 

Ordered  that  Court  be  adjourned  untill  tomorning  7  oclock. 

Tho.   Smallman. 

June  23.  1778.     Court  met  according  to  adjournment. 

Isaac  Cox,  Thomas  Smallman,  Benjaman  Frye,  Joseph 
Beckett,  Samuel  Newell,  Joseph  Beeler,  Gentlemen  Present. 

Walter  Grayham  having  obtained  an  Attach,  against  the 
Estate  of  Robert  Strain  who  is  said  to  be  so  Absconded  that 
the  Ordinary  process  of  Law  cannot  be  Served  upon  him  for 
Nine  pounds  &  Six  pence  Pennsylvania  Curr'y.  and  the  Con- 
stable having  returned  that  by  Virtue  of  sd.  Att*mt.  he  has 
atteach*d  one  Cow,  and  no  more  of  the  Estate  of  the  sd.' 
Robert,  and  the  sd.  Robt.  failing  to  app.^  and  Repevy  the 
sd.  Att'd.  Effects,  though  Solemly  called,  the  sd.  Walter  pro- 
duced a  Note  against  the  sd.  Robert  for  thirteen  pounds  P.  V. 
Currency.  It  is  Therefore  Considered  that  the  Plaintiff  Re- 
covered against  the  Deft  Seven  pounds,  Twelve  shilling,  & 
five  pence  Cur.  money  of  the  Value  of  the  afo'sd.  nine 
pounds  and  Six  pence  P  V  Currency.  Ordered  that  the  Sheriff 
make  Sale  of  the  Att'd.  Effects,  and  satisfy  the  plant,  this 
Judgmt  with  Costs,  and  make  return  to  Court. 
(41)  Upon  the  Petition  of  Richard  Yeates  Ordered  that  Henry 
Taylor,  James  Allison,  James  Patterson,  Wijliam  Brashers,  or 
any  three  of  them  being  first  Sworn  View  a  Road  from  Cat- 
fish camp  to  Pentecosts  Mills  and  make  report  of  the  Con- 
veniency  an  Inconveniency  to  next  Court. 

Samuel  Newell  Gent.  Ab't. 

Administration  of  the  Estate  of  Thomis  Lewis  deceased  is 
granted  Robert  Newell  he  having  complied  with  the  Law. 

Ordered  that  David  Vance,  David  McCaw,  James  Tucker, 
and  George  Vance  or  any  three  of  them  being  first  Sworn 
appr.  the  Estate  of  Thomas  Lewis  deceased  and  make  return 
to  next  Court. 

Upon  the  Petition  of  Anthony  Dunleavey  ordered  that  Robert 
Henderson,  Georg  Redman,  Richard  Crooks  and  William 
Anderson  or  any  three  of  them  being  first  Sworn  View  a  Road 


240  Annals  of  the  Carnegie  Museum. 

from  Pittsburgh  to  Pentecosts  mills  on   Churtees  and  make 
report  of  the  Conveniency  and  Inconveniency  to  Next  Court. 

William  Crawford,  John  Stephenson  and  William  Harrison 
Gentlemen  Named  in  the  Commission  of  the  pece  and  Com- 
mission of  Oyer  and  Terminer  come  into  Court  and  Took  the 
Oath  of  Justice  of  the  pice  and  Justice  of  Oyer  and  Terminer. 

John  Campbell  and  John  Gibson  Gent.  Pt. 

George  McCarmeck  Gentlemen  came  into  Court  and  Took 
the  Oath  of  his  high  Sheriff  for  this  County  for  the  Term  of 
one  Month. 

Hugh  Sterling  come  into  Court  and  Took  the  Oath  of  Deputy 
Sheriff  for  this  County  for  the  Term  of  one  month. 
(42)  Hugh  Ohara  with  James  McCleland  &  Walter  Graham  his 
Securities  came  into  Court  and  acknowledged  themselves  to  be 
indebted  to  Patrick  Henry  Esqr.  Governor  &c  that  is  to  say  the 
said  Hugh  Ohara  in  the  sum  of  ;^  100  and  the  said  James 
McCleland  and  Walter  Graham  in  j[^  50  each  to  be  levied  upon 
their  respective  Goods  &  Chattells  lands  and  Tenements  for 
the  use  of  this  State  upon  condition  that  the  said  Hugh  Ohara 
shall  personally  appear  before  the  Justices  of  this  County  at  the 
next  August  Court  then  and  there  to  answer  to  such  Matters 
and  things  as  shall  be  objected  against  him  touching  his  being 
Accissary  to  the  desertion  of  two  Soldiers  and  not  to  depart  the 
Court  without  leave,  &c. 

Margaret  Brannon  with  Henry  Heth  Gent,  her  Security  came 
into  Court  and  acknowledged  to  be  indebted  to  Patrick  Henry 
Esq^  Governor  &c.  in  the  sum  of  ^30  conditioned  for  the  per- 
sonal appearance  of  Margaret  Brannon  at  the  next  august  Court 
then  and  there  to  prosecute  the  above  Hugh  Ohara  and  not 
depart  the  Court  without  leave  &c. 

Malachia  Hays  v  William  Deal,  Hugh  Ohara     Sp.  Bl. 

John  Minter  Gent,  took  the  Oath  of  Capt.  of  the  Militia  &: 
William  McCormick  Lieut. 

Robert  Newell  is  recommended  a  Lieut,  of  Militia  and  took 
the  oath  accordingly. 

Richard  Swisicks  v  Jacob  Jones 

Jas.  Keykendal  S.  B. 

Benjamin  Vanatre  v  Jas.  Keykendal 

Jacob  Jones  S.  B. 


Minutes  of  Court  of  Yohogania  County.  241 

(43)  John  Ormsby  obtained  license  to  keep  an  Ordinary  in  the 
Town  of  Pittsburgh  he  having  complied  with  the  Law  &c. 

Mary  Irwin  obtained  License  to  keep  an  Ordinary  at  Pitts- 
burgh she  having  complied  with  the  Law.  - 

Joseph  Vance  came  into  Court  and  took  the  Oath  of  Captain 
of  the  Militia  to  which  he  is  recommended. 

Ignace  Labat  obtained  License  to  keep  an  Ordinary  at 
Pittsburgh  he  having  complied  with  the  Law. 

Joseph  Glass  is  recommended  as  Lieut,  of  the  Militia  and 
John  Rankins  Ensign. 

William  Masterson,  Charles  Masterson,  Richd.  Hopkins, 
John  Guthery  &  Meshech  Carter  who  were  yesterday  commit- 
ted to  the  Sheriffs  Custody  being  brought  before  this  Court,  it  is 
the  opinion  of  the  Court  they  be  fined  viz.  William  Masterson 
&  Richard  Hopkins  40  S.  each  and  that  Richd.  Hopkins  be 
fined  in  the  additional  sum  of  5  S.  for  drunkenness  and  that  John 
Guthery  &  Meshech  Carter  be  discharged,  the  Court  do  further 
adjudge  that  Charles  Masterson  be  fined  20  S.  for  rioting  and 
the  further  sum  of  10  S.  for  swearing  two  profane  Oaths. 

Absent  Isaac  Cox. 

Saml.  Wall  v  John  McCallister,  Richd.  McMahon     S.  B. 

Absent  Majr.  Smallman  &  John  Gibson  Gentlemen. 

Ignace  Labat  and  John  Irwin  appeared  in  Court  charged 
that  they  on  the  night  of  the  14th  of  April  last  did  encourage 
a  number  of  prisoners  then  in  Confinement  for  disobedience  of 
Orders,  refusing  their  duty  as  Militia  and  Mutiny  to  break 
their  Arrest  and  for  opposing  the  officer  in  the  Apprehending 
of  them,  it  is  the  opinion  of  the  Court  that  they  be  bound 

(44)  over  to  the  next  Grand  Jury  Court.  Whereupon  the  said  John 
Irwin  with  John  Gibson  &  Thos.  Smallman  his  Sureties 
acknowledged  to  be  indebted  to  Patrick  Henry  Esqr.  Govr. 
&c.  that  is  to  say  the  said  John  Irwin  in  ^  100  and  the  said 
John  Gibson  and  Thos.  Smallman  in  jQ  50  each  conditioned 
for  the  personal  appearance  of  the  said  John  Irwin  at  the  next 
Grand  Jury  Court,  and  in  the  meantime  be  of  good  behaviour 
and  not  to  depart  the  Court  without  leave  &c. 

Absent  John  Campbell,  Gent. 

It  is  also  the  Judgment  of  the  Court  that  Ignace  Labat  be 
likewise  bound  over  to  the  next  grand  Jury  Court,  whereupon 


242  Annals  of  the  Carnegie  Museum. 

the  said  Ignace  Labat  with  John  Gibson  &  Thomas  Small - 
man  Gent,  his  Securities  acknowledged  to  owe  to  Patrick 
Henry  Esq.  Governor  &c.  the  following  sums,  viz.  Ignace 
La'Bat  the  sum  of  ;^  loo  and  the  said  John  Gibson  and  Thos. 
Smallman  the  sum  of  ;^  50  each  to  be  levied  &c.  upon  condi- 
tion that  the  said  Ignace  Labat  shall  personally  appear  at  the 
next  Grand  Jury  Court  to  answer  the  above  Complaint  and 
that  in  the  meantime  he  be  of  good  behaviour  and  not  to  depart 
the  Court  without  leave  &c. 

Present  Isaac  Cox  Gent.  &  John  Campbell  Gent. 

On  motion  of  James  McMichael  Ordered  that  his  Ear-mark 
a  Crop  and  a  Slit  in  each  Ear  be  recorded. 

Joseph  Beeler  Jun.  came  into  Court  and  Took  the  oath  of 
Deputy  Sheriff. 

Petition  &  Summons  John  Allen  Thorp  against  Thomas 
Applegate ;  Ordered  to  be  Dismissed  at  Plan  tiffs  Costs. 

Andrew  Dodge  obtained  License  to  keep  an  Ordinary  at 
his  Dwelling  house  on  the  Road  from  Devoir  ferry  to  Shirtee's 
Creek,  he  having  complied  with  the  Law  &c. 

Ordered  that  William  Crawford  Gent,  be  appointed  a  Com- 
missioner with  Richard  Yates  &  Isaac  Leet  for  adjusting  and 
settling  the  Boundary  Line  between  this  County  and  the  County 
of  Ohio. 
(45)  Thomas  Lapsley  a  Lieut,  in  the  Militia  came  into  Court  and 
informs  them  he  is  in  dayly  fears  on  acco'nt  of  being  appre- 
hended by  the  Millitary  Law  and  desires  the  protection  of  this 
Court  on  a  Matter  which  from  the  testimony  of  the  Evidence 
now  aduced  appears  an  Affair  of  Slander,  the  said  Mr.  Lapsley 
now  surrenders  himself  to  this  Court.  Whereupon  Proclamation 
being  made  that  if  any  person  could  ought  say  against  the  said 
Thos.  Lapsley  they  might  then  be  heard,  but  none  appearing 
the  Court  are  of  Opinion  the  said  Mr.  Lapsley  be  and  he  is 
hereby  discharged. 

Ordered  that  the  wife  of  George  Frederick  Kiper  a  Soldier 
in  the  Continental  Service  be  allowed  the  sum  of  Four  pounds 
per  month  for  the  support  of  herself  and  three  children. 

Ordered  that  Three  pounds  per  Month  be  Allowed  to  the 
three  Children  of  John  Evans  a  soldier  of  Capt.  Heths  Com- 
pany in  the  Contl.  Service. 


Minutes  of  Court  of  Yohogania  County.  243 

Ordered  that  Court  be  adjourned  until  Tomorrow  morning 
6  oclock.  Tho.  Smallman. 

June  24th,  1778.  The  Court  met  pursuant  to  their  adjourn- 
ment. 

William  Crawford,  Thomas  Smallman  John  Stephenson, 
William  Harrison,  Joseph  Bealer,  Gentlemen  Present. 

(46)  Ordered  that  Colo.  John  Stephenson  and  Colo.  Isaac  Cox  do 
call  on  Thomas  Brown  and  receive  from  him  the  Cotton  and 
Wool  Cards  sent  up  to  this  County,  one  half  of  which  are  to  be 
distributed  in  the  Battalion  of  Colo.  Stephenson  and  the  other 
in  that  of  Colo.  Cox.  These  Gentlemen  to  whom  this  charge 
is  intrusted  are  to  conduct  themselves  agreeable  to  the  Gov- 
ernors Letter  to  the  Justices  of  this  County  on  the  26th  Novr. 
last,  provided  that  if  there  are  more  Women  in  either  Battalion 
Colo.  Stephenson  &  Colo.  Cox  are  to  supply  each  other  accord- 
ing to  the  number  of  persons  who  may  have  a  right  to  obtain 
the  same. 

Ordered  that  the  Sum  of  40  S.  per  month  be  allowed  to  the 
widow  of  James  Shirley  killed  in  the  Service,  then  a  Soldier 
in  the  13th  Virginia  Regiment  in  the  Service  of  the  United 
States,  for  the  support  and  maintenance  of  herself  and  Child, 
the  same  to  commence  from  the  25th  March  last. 

Ordered  that  Christiana  Churchill  the  wife  of  Charles 
Churchill,  now  in  the  12th  Virginia  Regiment  in  the  Conti- 
nental Service  be  allowed  Three  pounds  per  month  for  the 
Support  of  herself  and  two  Children. 

Ordered  that  Hannah  Bums  the  wife  of  Matthew  Burns  late 
of  the  nth  Virginia  Regt.  deceased  then  in  the  Continental 
Service  be  allowed  the  Sum  of  40  S  per  month  for  the  Support 
and  maintenance  of  herself  and  one  Child. 

Ordered  that  Mary  the  wife  of  John  Overlin  a  Soldier  in  the 
Service  of  the  United  States  and  now  in  the  13th  Virg'a.  Regi- 
ment be  allowed  j[,  5  per  month  for  the  support  and  Mainten- 
ance of  herself  &  four  Children. 

(47)  Ordered  that  Bridgit  Blackston  the  Widow  of  Prideaux 
Blackston  a  Soldier  in  the  13th  V.  Regt.  deceased  then  in  the 
Continental  Service  be  allowed  j[^  3  per  month  for  the  Susten- 
ance and  support  of  herself  and  two  Children. 


244  Annals  of  the  Carnegie  Museum. 

Ordered  that  the  Support  of  the  Wives  of  Soldiers  and 
Widows  of  Soldiers  deceased  with  their  Children  unless  particu- 
larly ascertained  from  some  particular  date,  such  Support  shall 
commence  from  the  25  March  last.  And  that  Colo.  Campbell 
be  requested  to  supply  such  distressed  families  agreable  to  the 
order  of  this  Court,  and  the  Clerk  of  this  Court  is  to  draw 
upon  the  Tresurer  of  this  Common  Wealth  in  favor  of  the  said 
Colo.  Campbell  for  the  purposes  aforesaid  to  the  25th  Septem- 
ber next,  it  is  further  the  opinion  of  the  Court  that  Colo. 
Campbell  advance  to  such  distressed  families  the  Allowance 
granted  by  this  Court  to  the  25th  July  and  to  retain  the  Bal- 
lance  in  his  hand  subject  to  the  farther  Order  of  this  Court. 

On  the  Petition  of  Colo.  John  Campbell  setting  forth  that 
he  is  desirous  of  building  a  Mill  on  Charties  Creek  —  that  the 
Land  on  both  sides  of  the  Creek  where  he  intends  to  build  his 
dam  in  his  own  property,  but  he  is  apprehensive  that  some 
lands  the  property  of  some  persons  to  him  unknown  at  the 
mouth  of  Robinson's  Run  may  be  flooded  by  the  Back  Water 
of  his  Dam.  Ordered  that  the  Sheriff"  summon  12  freeholders 
of  the  vicinage  to  meet  on  the  Land  so  said  to  be  affected  by 
the  back  water  from  his  said  Dam,  and  such  Jury  are  to  value 
(48)  the  Damages  and  report  the  same  to  next  Court  under  their 
hands  and  Seals. 

Ordered  that  the  following  Gentlemen  be  appointed  to  re- 
ceive the  lists  of  Tythables  within  the  following  districts  viz  : 
—  John  Campbell  Gent  for  the  district  of  Capt  Lee  &  Capt 
Bousman.  Benjamin  Keykendal  Gent,  for  the  districts  of 
Capt.  Evans  &  Capt  Z.  Wright.  Joshua  Wright  Gent,  for  the 
districts  of  Capt.  Jas.  Wright  &:  Capt.  Cook.  Benjn.  Fry  Gent, 
in  the  districts  of  Capt.  David  Ritchey,  Capt.  Ellis,  &  Capt. 
Kemp.  John  McDaniel  Gent,  for  the  district  of  Capt.  David 
Andrews,  Capt.  Records  &  Capt.  Nicholas  Dawson.  George 
Valandingham  Gent,  for  the  districts  of  Lieut.  Newill.  An- 
drew Swearingen  Gent,  for  the  districts  of  Capt.  Vance,  Lieut. 
Bay  and  Capt.  Matthew  Ritchey.  Richd.  Yates  Gent  for  the 
Districts  of  Capt.  A.  Swearingens,  and  the  district  late  Major 
Taylors.  Isaac  Cox  Gent  for  Capt.  Baxters  district.  Thos. 
Freman  Gent  for  his  own  district  &  Capt.  Ford's.  William 
Harrison  Gent  for  the  district  of  Capt.  Pearce.      William  Goe 


Minutes  of  Court  of  Yohogania  County.  246 

(49)  Gent,  for  Capt.  Springer's  district.  Joseph  Becket  Gent,  for 
Capt.  Crows  district  and  John  Stephenson  Gent,  for  the  dis- 
trict of  Capt.  Minter. 

Samuel  Devoir  is  appointed  Constable  the  Ensuing  year, 
and  that  he  be  Sommoned  before  the  nearest  Justice  and 
Qualify. 

Inventory  of  the  Estate  of  John  Vance  Deceased  returned  by 
the  Appraisers  and  Ordered  to  be  recorded. 

Peter  Stasey  is  appointed  Constable  for  the  Ensuing  year 
who  is  to  be  Sommoned  before  the  nearest  Majistrate  to 
Qualify  in  sd  Office. 

Ordered  that  William  Crawford  &  David  Shepeard  Gent, 
do  lay  out  the  Prison  bounds  for  this  County  agreable  to  Law 
and  report  to  this  Court. 

The  said  William  Crawford  and  David  Shepherd  Report  as 
follows.  Beginning  at  a  Large  Black  Oak  Standing  Easterly 
from  the  Court  House  and  Marked  with  Six  Notches,  and  Ex- 
tending Thence  Southerly  by  a  Line  of  Marked  Trees  to  a 
White  Oak  Marked  with  Six  Notches,  Thence  Westerly  by  a 
line  of  Marked  Trees  to  White  Oak  Near  and  Including 
a  Spring,  Thence  Northerly  by  a  Line  of  Marked  Trees  In- 
cluding the  House  of  Paul  Matthews  to  a  White  Oak,  Thence 
by  a  Line  of  Marked  Trees  to  the  Beginning,  which  is  ordered 
to  be  recorded. 

Upon  the  motion  of  George  McCarmeck  Ordered  that  his 
mark  a  Lower  half  Crop  on  the  Left  Ear  and  Crop  on  the 
Right  Ear  be  recorded. 

(50)  Upon  the  motion  of  George  McCarmeck  in  behalf  of  Thomas 
Cherry  Ordered  that  his  ear  mark  a  Crop  in  the  Right  ear  be  re- 
corded. 

Ab't.  John  Stephenson  Gent. 

Upon  the  motion  of  John  Stephenson  Gent.  Ordered  that 
his  mark  a  Crop  and  hole  in  the  Left  ear  a  Slitt  in  the  right 
Ear  be  recorded,  and  his  Brand  a  figure  of  3  on  the  near 
Shoulder  and  figure  of  7  on  the  near  Buttock  be  recorded. 

Upon  the  motion  of  Thomas  Spencer  Ordered  that  his  mark 
a  Upper  half  Crop  in  the  Left  Ear  and  Under  half  Crop  on 
the  right  Ear  be  recorded. 

Upon  the  motion  of  John  Campbell  Gent.  Ordered  that  his 


240  Annals  of  the  Carnegie  Museum. 

Ear  mark  an  under  half  Squear  in  Each  Ear  be  recorded,  and 
his  Brand  I  C  On  the  near  shoulder  be  recorded. 

Upon  the  motion  of  Joseph  Beeler  Gent.  Ordered  that  his 
mark  a  Slit  in  the  Left  ear  and  a  hole  in  the  right  Ear  be  re- 
corded, and  his  Brand  Thus  J.  B.  on  the  near  shoulder  be  also 
recorded. 

Upon  the  motion  of  Henry  Heath  Gentleman  Ordered  that 
his  Mark  a  upper  half  penny  in  the  Left  Ear  and  upper  half 
penny  in  the  Right  Ear  be  recorded,  and  his  Brand  an  H  on 
the  Near  Shoulder  be  recorded. 

Upon  the  motion  of  William  Harrison  Ordered  that  His 
mark  a  Swollow  fork  in  Each  Ear  be  recorded. 

Upon  the  motion  of  Dorsey  Pentecost  Ordered  that  his 
mark  a  Crop  in  the  l^eft  Ear  and  Crop  and  Slit  in  the  right 
Ear  be  recorded. 

Ordered  that  Court  be  adjourned  to  Court  in  Course. 

Tho.  Smallman. 

51)         At  a  Court  Continued  and  held  for  Yohogania  County  July 
27th,  1778. 

Present  Isaac  Cox,  Benjaman  Kirkendall,  Joseph  Becket, 
Joshua  Wright,  Gentlemen  Justices. 

James  Rogers  Gent,  named  in  the  Commission  of  the  peace 
and  Commission  of  Oyer  &  Terminer  came  into  Court  and 
swore  to  the  Same. 

Joseph  Cox  V  John  Beetsman,  John  Williams     S.  B. 

James  Vanatre  v  William  Braden,  Thomas  Bamfield     S.  B. 

James  Vanatre  v  Joseph  Perkeson,  William  Fry     S.  B. 

William  Caldwell  v  William  Fry,  Thos.  Lapsley     S.  B. 

William  Caldwell  v  Peter  Reasner,  Thomas  Lapsley     S.  B. 

Two  deeds  of  Surrender  William  Fry  to  Adam  Wickerham 
acknowledged  by  said  Fry  party  thereto  and  ordered  to  be 
recorded,  and  two  Assignments  thereon  from  said  Wickerham 
to  Nicholas  Depugh  was  also  acknowledged  by  said  Wickerham 
and  likewise  ordered  to  be  recorded. 

Thomas  La])sley  who  stands  bound  by  Recognizance  taken 
before  John  Gibson,  John  Stephenson  &  Wm.  Harrison  Gent, 
to  this  Court  i)ersonally  appeared  and  no  evidences  appearing 
to  prosecute  Ordered  the  said  Thos.  Lapsley  be  discharged 
from  his  Recognizance. 


Minutes  of  Court  of  Yohogania  County.  247 

(52)  Recognizance  of  John  Springer  was  produced  in  Court  but 
neither  party  appearing  Ordered  to  be  continued  over  to  next 
Court. 

Robert  Henderson  v  John  Kinkead,  Benjn.  Kirkendal 
Gent.     S.  B. 

John  McCullom  v  Isaac  Galliard,  Common  Order  against 
Deft.  &  app.  Bail. 

Report  of  the  Commissioners  for  settling  and  adjusting  the 
Line  between  this  County  and  that  of  the  Monongahela  County 
returned  by  the  said  Commissioners  and  Considid  with  by  the 
Commissioners  on  the  part  of  the  said  County  of  Monaungala, 
is  Ordered  to  be  confirmed,  as  the  Bounds  between  this  County 
and  the  said  County  of  Monaungahela  and  Ordered  to  be 
recorded. 

John  McAnulty 

V  Petition.     Ordered  to  be  Dismissed  at 
John  Armstrong     Plantiff*s  Request. 

Dorsey  Pentecost  clerk  of  this  Court  informed  the  Court 
on  Oath  that  at  a  Court  held  for  this  County  April  28th 
last  Martha  Davis  acknowledged  two  Indentures  to  Isaac  Cox 
Gent  but  through  the  hurry  of  Business  the  Letter  S.  was  left 
out.  It  appears  to  the  Court  that  the  Indenture  was  executed 
by  said  Martha  and  by  her  acknowledged  and  it  is  ordered  to 
be  recorded. 

Bill  of  Sale  William  Portor  to  James  Ellis  with  the  Return 
of  Isaac  Cox  and  Joshua  Wright  Gent  of  the  Examination  of 
Catherine  Collins  an  absent  witness  Ordered  to  be  recorded. 

(53)  Ordered  that  the  Award  of  George  Valandingham,  Henry 
Taylor  and  John  Hull  in  the  Action  between  John  Springer 
and  Henry  Kearsey  be  set  aside  the  proceedings  of  the  said 
arbitrators  appearing  to  be  illegal. 

Paul  Fro  man 

V  In  Case 

William  Stephens  Award  returned  and  confirmed  by  the 
Court  for  the  sum  of  four  Hundred  Eighty  pounds  Eight 
Shillings  and  his  Costs  about  this  Suit  in  that  behalf  Expended. 

Ordered  that  Francis  Reno  be  recommended  to  his  Excel- 
lency the  Governor  as  a  Proper  Person  to  serve  as  Captain  in 


248  Annals  of  the  Carnegie  Museum. 

the  Militia  in  the  Room  of  William  Lee  now  in  the  Continen- 
tal Service. 

Ordered  that  Jane  the  wife  of  Greenberry  Stors  a  poor 
Soldier  in  the  Continental  Service  from  this  State  be  allowed 
the  sum  of  two  pounds  pr.  month  for  the  support  of  herself 
and  one  child  to  Commence  the  first  day  of  May  last,  and  that 
this  Court  draw  on  the  Treasurer  of  this  Common  Wealth  for 
the  Same  up  to  the  25th  day  of  Sept.  next. 

Recognizance  of  Christian  Lestnett  and  wife,  Christian 
Lestnett  Jun.  Frederick  Lestnett,  Francis  Lestnett  and  Stoffel 
Lestnett  was  Return  and  no  prosecutors  appearing  Order  to  be 
Continued. 
(54)  View  and  Report  of  the  road  from  Devoir's  ferry  to  Pente- 
costs  mills  on  Churteers  Creek  returned  by  the  Viewers,  Or- 
dered to  be  set  aside. 

Ordered  that  Court  be  adjourned  untill  Court  in  Course. 

Isaac  Cox. 

At  a  Court  Continued  and  held  for  Yohogania  County  Au- 
gust 24th  1778. 

Present  Isaac  Cox,  Joshua  Wright,  Richard  Yeates,  James 
Rogers,  Gent.  Justices. 

Ordered  that  Letters  of  Administration  be  granted  to  Eliza- 
beth Ketchum  and  William  Ketchum  the  Widow  and  bro*r  of 
Samuel  Ketchum  deed,  they  having  complied  with  the  Law. 
Whereupon  the  said  Eliza,  and  William  came  into  Court  and 
entered  into  Bond  and  Oath  accordingly. 

Oliver  Miller  &  Andrew  Swerengen  Gent.  Present.  Joseph 
Beeler  Gent.  Prest.  Joseph  Becket  Gent.  Prest.  Saml.  Newell, 
Gent.  Prest. 

Joseph  Beeler  Gent 

V  Isaac  Pearce     S.  B. 

Ebenezer  Walker. 

Benjn.  Kekendal  Gent.  Prest. 

John  Daniel  produced  a  Commission  from  his  Excellency 
the  (}ovr.  as  Ens'n  of  Militia  which  being  read  the  said  John 
Daniel  swore  to  the  same. 

John  Masterson  came  into  Court  and  took  the  Oath  of  Lieut, 
of  the  Militia  he  having  produced  his  Excellency  the  Gov'rs. 
Commission. 


Minutes  of  Court  of  Yohogania  County.  249 

(55)  Richard  Elson  produced  a  Commission  from  his  Excellency 

the  Governor  appointing  him  Ensign  of  the  Militia,  which 
being  read  the  said  Richd.  swore  to  the  same. 

Saml.  Newell  Gent.  Absent. 

Administration  of  the  Estate  of  John  McCoy  deceased  is 
granted  to  Margaret  McCoy  his  widow  she  having  complied 
with  the  law.  Ordered  that  Philip  Philips,  Jonathan  Philips, 
John  Nicholas  &  John  Philips  or  any  three  of  them  being 
first  sworn  do  appraise  the  Estate  of  John  McCoy  deed,  and 
make  return  to  next  Court. 

Ordered  that  Andrew  Pearce,  Richd.  Johnston,  James  Wall 
and  Richd.  Sparks  or  any  three  of  them  being  first  Sworn  do 
appraise  the  Estate  of  Samuel  Ketchum  deed,  and  make  return 
to  next  Court. 

Administration  on  the  Estate  of  Thomas  Brasher  deed,  is 
granted  to  Robert  Brasher  his  Bro*r.  he  having  complied  with 
the  Law.  Ordered  that  Robt.  Jaekman  Basil  Stoker,  Jeremiah 
Riggs  &  William  Jaekman  or  any  three  of  them  being  first 
Sworn  appraise  the  Estate  of  Thos.  Brasher  deed,  and  make 
return  to  next  Court. 

Patrick  Jordan  acknowledged  two  deeds  of  Bargain  and  Sale 
to  Charles  Norris  which  are  ordered  to  be  recorded. 

John   Gibson  Gent  came  into  Court  and  acknowledged  a 
deed  of  Surrender  to  Matthias  Slough  Esq.  looo  Acres  of  Land 
on  the  Ohio  which  is  ordered  to  be  recorded. 
^56)         Thos.  Freeman  Gent.  Present. 

Ann  Brook  being  bound  over  to  answer  the  Stealing  two 
pounds  of  Coffee  from  Sarah  Sample  appeared  before  the  Court 
when  no  evidence  appearing.  Ordered  that  the  same  be  dis- 
missed. 

John  Logan  enters  himself  Deft  in  an  Action  of  Ejectment 
at  the  Suit  of  Walter  Graham. 

William  McMahon  produced  a  Commission  from  his  Ex*cy 
the  Governor  appointing  him  Lieut,  of  Militia  &  took  the  Oath 
to  the  Same. 

John  Hall 

V  John  Williams  S.  B. 

Joseph  Wells 
Report  of  the  County  Line  returned  by  Richd.  Yeates,  Wm. 


250  Annals  of  the  Carnegie  Museum. 

Scott,  Jas.  McMechen  &  Isaac  Leet  Junr.  read  in  Court  and 
Ordered  to  be  recorded. 

License  is  granted  to  John  Bradley  to  keep  an  Ordinary  at 
his  Dwelling  house  at  Pittsburg  he  having  Complied  with  the 
Law. 

John  Hall 

V  Nichs.  Dawson  S.  B. 

Joseph  Waller 

Ordered  that  the  Court  be  adjourned  to  7  o'  Clock  tomorrow 
morning.  Richard  Yeates. 

(57)  Court  met  Pursuant  to  adjournment  August  25th.  1778. 
Present  William  Goe,  Richard  Yeates,  Samuel  Newell,  Oliver 

Miller,  James  Rogers,  Joseph  Beckett. 

Deed  of  Surrender  John  Bull  to  Nicholas  Peese  acknowl- 
edged by  the  said  Bool  and  Ordered  to  be  Recorded. 

Deed  of  Surrender  Paul  Froman  to  Adam  Wickerham  ac- 
knowledged by  said  Froman  party  thereto  and  Ordered  to  be 
recorded. 

Deed  of  Surrender.  James  Fergurson  to  Adam  Wickerham 
Acknowledged  by  said  Furgerson  party  thereto  and  Ordered  to 
be  Recorded. 

Deed  of  Surrender  John  Bolley  to  Michael  Teggart  acknowl- 
edged by  said  Bolley  and  ordered  to  be  recorded. 

Administration  on  the  Estate  of  John  Walker  is  granted  to 
Gabriel  Walker  he  having  complied  with  the  law.  Ordered 
that  James  Ewen,  John  Bale,  Alexr.  McCandless  and  Thomas 
Redman  or  any  three  of  them  being  first  sworn  do  ai)praise  the 
Goods  Chatties  and  Effects  and  Slaves  if  any  of  the  Estate  of 
John  Walker  deed,  and  make  return  to  next  Court. 

Inventory  of  the  Estate  of  Edward  Griffeth  deed.  retd.  by 
the  appraisers  and  ordered  to  be  recorded. 

Nicholas  Dawson 

V  Saml.  Holmes  S.  B. 

Fra's.  Kirkpatrick 

(58)  Present  Andw.  Swerengen  and  Benjn.  Kekendal  Gents. 
Administration  of  the  Estate  of  William  McCov  deed,    is 

granted  to  Philip  Philips  he  having  complied  with  the  law. 


Minutes  of  Court  of  Yohogania  County.  251 

Ordered  that  Jediah  Ashcraft,  Wm.  Hinch  Isham  Barnet  and 
Benjamin  Sweet  or  any  three  of  them  being  first  sworn  do  ap- 
praise the  Estate  of  William  McCoy  deed,  and  make  return  to 
next  Court. 

Administration  of  the  Estate  of  William  Lindsey  deed,  is 
granted  to  Michael  Teggart  he  having  complied  with  the  Law. 
Ordered  that  Tobias  Mattocks,  Joseph  Ross,  Saml.  Brice,  & 
Thos.  Bond  or  any  three  of  them  being  first  Sworn  do  appraise 
the  Estate  of  Wm.  Lindsey  and  make  return  to  next  Court. 

Deed  of  Bargain  &  Sale  and  Receipt  annexed  from  James 
Patterson  to  David  McCrowry  acknowledged  by  said  James 
Party  thereto  and  ordered  to  be  recorded. 

Deed  of  Surrender  William  Stephens  to  Andrew  Devoier 
was  proved  by  the  Oath  of  Saml.  Thompson  and  John  Duke 
and  Ordered  to  be  certified. 

Tobias  Woods. 

V 

John  McKee         Maybery  Evans     S.  B. 
Daniel  Swigert 

V 

James  Murphy     Michael  Teggert     S.  B. 

Thos.  Freeman  Gent.     Absent. 

An  Indenture  Jane  Armstrong  to  Valentine  Thomas  D' Alton 
acknowledged  by  said  Jane  and  ordered  to  be  recorded. 

Ordered  that  Jane  Armstrong  the  wife  of  Geo.  Armstrong  a 

deceased  Soldier  then  in  the  Service  be  allowed  for  the  support 

of  herself  and  four  Children  five  pounds  per  month  to  the  6th 

(59)     o^  J"^y  fro"^  6th  April  and  Three  per  month  from  said  6th  July. 

Ordered  that  the  Clerk  do  draw  on  the  Treasurer  for  the  same. 

Mortgage  John  Steward  to  Jacob  Bousman  was  proved  by 
the  oath  of  James  Berwick  the  other  evidences  having  hereto- 
fore proved  the  same.     Ordered  to  be  recorded. 

On  the  Petition  of  James  Johnson  &  others  Ordered  that 
Andrew  Pearce  son  of  James,  James  Wall,  John  Crow  &  Rich*d. 
Johnson  or  any  three  of  them  they  being  first  sworn  view  a 
Road  out  of  the  Road  leading  from  Gists  to  Devoirs  ferry  near 
And*w.  Dye's  passing  thro'  the  forks  to  the  Monongahela  oppo- 
site the  mouth  of  Mingo  Creek  thence  Crossing  the  River  the 


252  Annals  of  the  Carnegie  Museum. 

nearest  and  best  way  to  the  Mill  Froman  is  now  building  near 
the  mouth  of  Mingo  Creek. 

Review  of  a  Road  from  Peters  Creek  to  the  house  of  Robert 
Henderson  beginning  at  the  lower  end  of  Zadock  Wrights  field 
from  thence  following  the  Ridge  to  Jacob  Barrackmans  land 
leaving  him  on  the  right  hand  and  from  thence  to  Martha 
Lapsleys  Land  leaving  her  to  the  right  hand  from  thence  to 
Robert  Hendersons,  returned  by  the  reviewers  &  ordered  to 
be  confirmed. 

Ordered  that  William  Bruce  be  appointed  Surveyor  of  the 
Road  leading  from  Raredon*s  ford  passing  by  Kekendals  Mill 
to  the  house  of  Robert  Henderson  and  that  the  Tythables 
within  three  miles  of  each  side  said  Road  work  on  the  Same. 

(60)  Ordered  that  Robert  Craighead  be  appointed  Surveyor  of  the 
Road  from  the  top  of  the  Ridge  near  James  Wilson  deed,  to 
Raredons  on  the  Monongahela  and  that  the  Tythables  on  both 
sides  said  Road  work  on  the  same  within  three  miles  thereof. 

Ordered  that  Andrew  Dye  be  appointed  Surveyor  of  the  Road 
from  the  House  of  Leonard  Extine  to  the  top  of  the  Ridge  near 
the  house  of  James  Wilson  and  that  the  Tythables  between  the 
two  Rivers  not  exceeding  three  miles  work  on  the  Same. 

Ordered  that  the  Wife  of  William  Shaw  a  poor  Soldier  be 
allowed  three  pounds  per  month  for  the  Subsistance  of  her 
three  Children  from  this  date,  and  the  Clerk  to  draw  on  the 
Treasurer  for  the  Same. 

Deed  of  Surrender  Henry  Taylor  Gent  to  David  Ridle  ac- 
knowledged by  said  Taylor  and  ordered  to  be  recorded. 

Administration  of  Estate  of  Samuel  Duncan  Deed,  is  granted 
to  David  Duncan  he  having  complied  with  the  Law.  Ordered 
that  John  Ormsby,  Samuel  Sample,  Samuel  Evalt  and  William 
Christy  or  any  three  of  them  being  first  sworn  do  appraise  the 
personal  Estate  and  Slaves  if  any  of  Samuel  Duncan  deceased, 
and  make  return  to  next  Court. 

Joseph  Beeler  Gent.  Present. 

Benjamin  Vanatre  Enters  himself  Defendt.  in  an  Action  of 
Ejectment  at  the  suit  of  Henry  Morrison. 

(61)  John  McDaniel  Gent  Present. 

Bill  of  Sale  Sarah  Reed  to  Robert  Blackley  and  John  Reed 
for  a  negro  named  Pompey     Approved  by  the  oath  of  Joseph 


Minutes  of  Court  of  Yohogania  County.      253 

Becket  one  of  the  Subscribing  Witnesses  and  ordered  to  be 
certified. 

George  Lightenberger  being  summoned  as  a  Garnishee  in  an 
Atta'm't.  against  Geo.  Croghan  at  the  suit  of  Simon  &  Camp- 
bell appeared  before  the  Court  and  saith  he  hath  one  Wheat 
Fan  the  property  of  the  said  George  in  his  possession  and  no 
more. 

Henry  Morrison. 

V  Benjn.  Vanatre     S.  B. 

James  Vanatree 

On  the  Petition  of  David  Williams  &  others  Ordered  that 
Abraham  Miller,  Henry  Millier,  Henry  Newkirk  and  William 
Murley  or  any  three  of  them  being  first  sworn  Do  view  a  Road 
from  Paul  Fromans  Mill  on  Mingo  Creek  to  the  Road  leading 
from  Pentecosts  Mills  to  the  Court  House  and  make  Return  to 
next  Court  of  the  Conveniences  and  Inconveniences  thereof  &c. 

On  motion  of  Paul  Froman  Ordered  that  his  Mark  a  Crop  in 
the  right  ear  be  recorded. 

On  motion  of  David  Williams  Ordered  that  his  Mark  a  Crop 
off  each  Ear  and  a  half  penny  in  the  under  side  of  the  right  ear 
be  recorded,  and  his  Brand  D  W  be  also  recorded. 

On  motion  of  Isaac  Springer  Ordered  that  his  Mark  a  Crop 
in  the  near  Ear  and  a  Nick  and  a  Slit  in  the  off  Ear  be  re- 
corded. 
(62)  On  Motion  of  Robert  Little  Ordered  that  his  Mark  a  half 
Crop  in  the  Left  Ear  and  an  under  bit  in  the  right  Ear  be  re- 
corded. 

On  Motion  of  William  Downs  Ordered  that  his  Mark  a  Crop 
off  each  Ear  and  a  Slit  in  each  Ear  be  recorded. 

Benja.  Jones 
v 

Patrick  McDaniel     William  Deal     S.  B. 

Deed  of  Surrender  Henry  Wood  to  Conrad  Loutherback 
acknowledged  by  said  Henry  Party  thereto  and  ordered  to  be 
recorded. 

Two  deeds  of  Surrender,  Sampson  Beaver  to  Thomas  Cook 
acknowledged  by  said  ^Sampson  Party  thereto  and  ordered  to 
be  recorded* 


254  Annals  of  the  Carnegie  Museum. 

Ordered  that  Isaac  Taylor  be  allowed  the  Sum  of  94  Dollars 
for  the  Carriage  of  the  Cards  allotted  to  this  County  from 
Williamsburg  and  that  Colo.  Cox  and  Colo.  Stephenson  do 
account  with  said  Mr.  Taylor  for  the  Same  as  sold. 

Ordered  that  the  Subsistence  granted  to  the  Wife  and  Six 
Children  of  William  Shaw  a  poor  Soldier  who  died  in  the  Con- 
tinental Service  be  extended  to  the  25th  Sept.  next.  Vide, 
April  28th,  1778. 

James  Scott  produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Captain  of  Militia  which  was 
read  &  sworn  to  accordingly. 

James  Wherry  Produced  a  Commission  from  his  Excellency 
the  Governor  appointing  him  Lieut,  of  the  Militia  which  was 
read  &  sworn  to  Accordingly. 
(63)         George  Vallandingham  Gent.  Present. 

Ordered  that  the  sum  of  Twenty  Shillings  p.  month  be  al- 
lowed the  wife  of  Daniel  M^Cay,  a  poor  Soldier  in  the  Con- 
tinental Service  for  her  support. 

Deed  of  Surrender  John  Hodglond  to  James  Rogers  acknowl- 
edged by  said  Hoglond  party  thereto  and  ordered  to  be 
recorded. 

Deed  of  Surrender  Isaac  Cox,  to  John  Decker  Acknowledged 
by  said  Cox  and  Ordered  to  be  recorded. 

Ordered  that  Thomas  Bay  be  recommened  to  his  Excellency 
the  Governor  as  a  proper  person  to  Serve  as  Captain  in  the 
Melitia. 

Thomas  Bay  produced  a  Commission  from  his  Excellency 
the  Governor  Appointing  him  Captain  in  the  Melitia  which 
was  read  and  Sworn  to  Accordingly. 

Thomas  Reed  produced  a  Commission  from  the  Governor 
appointing  him  a  Lieutenant  in  the  Militia  which  was  read  ^: 
Sworn  to  accordingly. 

Richard  Yeates,  Absent. 

Hugh  McDonald  produced  a  Duplicate  of  an  Indenture 
Binding  him  the  sd.  Hugh  a  Servant  for  the  Term  of  three 
and  a  half  years,  bearing  Date  the  Twenty  Ninth  day  of  June 
1775,  ^vhich  is  not  yet  expired  yet  the  said  Hugh  claim  freedom 
from  a  Bargain  between  his  late  Master  William  Powcl,  cS:  a 
former  Master  who  sold   the  sd.  Hugh  to  the  said  Powel,  and 


Minutes  of  Court  of  Yohogania  County.  255 

from  the  Evidence  aduced  to  this  Court,  it  appears  that  the 
sd.  Hugh  McDonald  is  a  free  Person. 

(64)  Hugh  Brawdy 

V  In  Trespass. 

Jacob  Feagley.  Then  came  the  parties  and  requested  that 
This  Suit  should  be  refered.  Ordered  that  The  said  Suit  be 
refered  to  John  Decker,  William  Taylor  Morris  Brady,  John 
Corn  &  Vinson  Colvin,  and  that  they  do  return  their  Opinion 
to  Next  Court. 

Ordered  that  Peter  Rowleter  be  recommended  to  the  Gov- 
ernor as  a  proper  person  to  Serve  as  Captain  in  the  Melitia, 
and  James  Miligan  as  Ensign. 

Inventory  of  the  estate  of  Samuel  Richardson  Returned  by 
the  Appraisers  and  Ordered  to  be  Recorded. 

William  Renno  a  Minister  of  the  Gospel  come  into  Couit 
and  Took  the  oath  of  Allegience  and  Fidelity  to  this  ^tate. 

Inventory  of  the  estate  of  Archibald  McNeal  returned  by 
the  appraisers  and  Ordered  to  be  Recorded. 

Deed  of  Surrender  John  Hill  to  John  Cannon  acknowledged 
by  sd.  Hill  and  Ordered  to  be  recorded. 

Joseph  Cox 

V  In  Case. 

John  Williams  At  request  of  Parties  Ordered  That  this 

Bright  Daviss  &  Suit  be  Refered  to  Henry  Taylor,  John 

Mary  Hoyle  Duglass,  Nicholass  Little,  John  Ackerson, 

William  Colvin,  &  John  Lydea,  and  that  they  Return  their 

Opinion  to  Next  Court. 

(65)  Joseph  Cox 

V  In  Case 

John  Williams  &  At  Request  of  parties  Ordered  That  this 

Theodoius  Daviss  suit  be  refered  to  Henry  Taylor,  John 
Duglass,  Nicholass  Little,  John  Ackerson,  William  Colvin,  and 
John  Lydea,  and  make  report  to  Next  Court. 

Ordered  that  Philip  Ross  be  recommended  to  the  Governor 
as  a  proper  person  to  serve  as  Captain  in  the  Melitia. 

Philip  Ross  Produced  a  Commission  from  the  Governor  ap- 
pointing him  Captain  in  the  Melitia  which  was  read  &  sworn 
to  accordingly. 


266  Annals  of  the  Carnegie  Museum. 

Lewis  Renno  produced  a  Commission  from  the  Governor 
appointing  him  Ensign  of  the  Militia  which  was  read  &  sworn 
'  to  accordingly. 

Joseph  Alexander  came  into  Court  and  took  the  Oath  of 
Ensign  of  Militia  agreably  to  his  Commission  read  in  Court. 

Ordered  that  Saml.  Newell  Gent,  do  wait  on  Colo.  Camp- 
bell for  the  Acts  of  Assimbly. 

(66)  On  Motion  of  Jonathan  Martin  Ordered  that  his  Mark  a  Slit 
in  both  ears  be  recorded. 

On  Motion  of  Samuel  Dunn  Ordered  that  his  Mark  two 
under  half  Crops  in  both  Ears  be  recorded. 

Ordered  that  Theophelus  Case  be  appointed  Constable  to 
Serve  the  Ensuing  year,  and  that  he  be  Sommoned  before  James 
Rogers  to  Qualify  into  said  Commission. 

Ordered  that  Court  be  adjourned  to  Six  O clock  tomorrow 
morning.  Benja.  Kuykendal. 

Court  met  Pursuant  to  adjournment,  August  26th,  1778. 
Present.    Samuel   Newell,  James  Rogers,  John   M?. Donald, 
Isaac  Cox,  William  Goe,  Oliver  Miller,  Gentlemen  Justices. 

Christian  Summitt 

V  In  case. 

John  Gollehair  &  wife.  Ordered  to  be  Dismissed  at  Plantiffs 
Request. 

Benjn.  Kekendal,  Present. 

The  Last  will  and  Testament  of  James  Freeman  was  proved 
by  the  Oaths  of  John  Thompson  &  Gilbert  Cammeron  the  Two 
Subscribing  Witnesses  and  Ordered  to  be  recorded. 

(67)  James  Johnston 

V  In  Case. 

Godfrey  Waggoneer  At  Request  of  Parties  Ordered  That 
this  suit  be  refered  to  John  Crow,  Henry  Miller,  Nicholas 
Christ  &  John  Decker,  and  that  they  report  their  Opinion  to 
Next  Court. 

John  McDonald  Took  the  Oath  of  Executor  of  the  Last  Will 
and  Testament  of  James  Freeman  Deceased. 

John  Cannon  and  Matthew  Richie  Gentlemen  named  in  the 
Commission  of  the  Piece  and    Commission  of  Oyer  and  Ter- 


Minutes  of  Court  of  Yohogania  Counit.  267 

miner,  Came  into  Court  and  Took  the  Oath  of  Justice  of  the 
Peece  and  Justices  of  Oyer  and  Terminer. 

George  McCarmick  Gentleman  produced  a  Commission  from 
the  Governor  appointing  him  Sheriff  for  this  County  which 
was  read,  the  Court  demanded  the  sd.  George  McCarmick 
Gent,  to  enter  into  Bond  according  to  Law,  and  Qualify  into 
said  Commission  which  he  refused  alleging  that  he  was  a  Cap- 
tain in  the  13th  Virginia  Redgment  in  the  Continental  Ser- 
vice, and  Contrary  to  his  Expectation  the  General  refused  to 
permit  him  to  resign  his  said  Melitary  Commission  and  that 
his  serving  as  Sheriff  was  Incompatible  with  his  duty  in  the 
Military  department,  it  is  the  Opinion  of  the  Court  that  the 
reasons  are  satisfactory. 

Ordered  that  Matthew  Ritchie,  Joseph  Beckett  &  James 
Rogers  Gentl.  be  recommended  to  his  Excellency  the  Governor 
as  proper  persons  for  his  Excellency  to  Commission  one  as 
Sheriff  to  serve  the  Ensuing  year. 
(68)  Matthew  Ritchey  Gent  came  into  Court  and  took  the  Oath 
of  High  Sheriff  for  the  Term  of  one  month. 

Joseph  Ford  produced  a  Commission  from  his  Excellency  the 
Governor  appointing  him  Captain  of  the  Melitia,  which  was 
read  and  Sworn  to  According. 

Ordered  that  the  Clerk  forwared  the  following  Letter  to  his 
Excellency  the  Governor. 

Sir 

Permit  the  Justices  of  the  County  Court  of  Yohogania  to 
address  your  Excellency,  in  Answer  to  Your  Letter  of  the  2*"* 
of  May  Last.  We  feal  as  we  hope  we  ought  for  the  Gover- 
nours  attention  to  the  affairs  of  this  County.  The  reasons  of 
the  Courts  passing  over  the  Colonel,  Lieutenant  Colonel,  and 
Major,  (which  your  Excellency  formerly  Commissioned)  in 
their  Late  recommendation,  was,  that  the  Colonel  and  Major 
Informed  the  Court,  or  some  Members  thereof,  that  they  had 
signified  their  resignation  to  your  Excellency  and  their  reasons 
for  so  doing,  and  that  the  Causes  was  not  removed  and  refused 
to  be  recommended  we  have  Only  heard  that  your  Excellency 
Commissioned  Mr.  Thomas  Brown  as  Lieutenant  Colonel,  and 
that  the  said  Mr.  Brown  refused  Serving,  as  he  was  not  recom- 


258  Annals  of  the  Carnegie  Museum. 

mended  by  the  Court.  This  we  believe  to  be  the  State  respect- 
ing the  Lieutenant  Colonel  as  a  Commission  did  not  Come  up 
to  Isaac  Cox  who  was  recommended  as  Lieutenant  Colonel  at 
the  Time  the  Colonel  was  recommended.  We  also  found  the 
County  Lieutenant  furnished  with  Blank  Commissions  which 
he  filled  up  to  the  field  and  others  Officers  on  the  spot.  Our 
Delegates  not  attending  the  last  Cession,  We  have  had  no  Con- 
venient Conveyance  to  your  Excellency,  otherwise  we  should 

(69)  have  answered  your  Letter  Elarlier,  and  which  for  the  above 
reason  has  had  no  bad  effect,  the  officers  all  being  Commis- 
sioned by  the  County  Lieutenant  and  Qualified  before  the 
arrival  of  your  Excellency's  Letter.  We  are  to  acknowledge 
the  receipt  of  the  Captains  and  Subaltrons  Commissions  which 
we  delivered  to  the  County  Lieutenant,  who  detained  Captain 
James  Scott  and  Subaltrons  Commissions  untill  yesterday,  which 
was  then  Delivered  and  Sworn  to. 

Matthew  Ritchie  Gentleman  high  Sheriff  Protest  against  the 
sufficiency  of  the  Goal  to  retain  Prisoners. 

Ordered  That  John  Cannon  and  Richard  Yeates  Gentlemen, 
Inspect  the  Clerks  Office  of  this  County,  and  report  to  next 
Court  the  Condition  in  which  they  find  the  Papers  and  Records. 

Ordered  that  Mary  the  wife  of  Alexander  Mc Adams  a  poor 
Soldier  in  the  Continental  Service  be  allowed  20  S.  p.  month, 
for  her  Support,  to  Commence  the  25th  of  May  last,  and  be 
Continued^^to  the  25th  of  September  next. 

John  Spivy,  Plaintiff 

V  Case. 

Samuel  Beeler  Def'd.  At  Request  of  Parties  Ordered  That 
this  Suit  be  refered  to  Samuel  Johnston,  James  Scott,  David 
Andrey  and  George  Long,  and  that  they  report  their  Opinion 
to  the  Next  Court. 

(70)  Ordered  that  Jedeah  Ashcroft  be  appointed  Constable  the 
Ensuing  year  and  that  he  be  Sommoned  before  Oliver  Miller 
Gentl.  to  Qualify  into  said  Office. 

Ordered  that  Court  be  adjourned  untill  Court  in  Course. 

John  Canon. 

At  a  Court  Continued  and  held  for  Yohogania  County  Sep- 
tember the  28th,  1778. 


Minutes  of  Court  of  Yohogania  County.  259 

Present  Isaac  Cox,  Benjaman  Frye,  Joshua  Wright,  Joseph 
Beckett,  Gentleman  Justices. 

Administration  of  the  Estate  of  Thomas  Cook  deceased  is 
granted  to  Anne  Cook  widow  of  sd.  Deceased  she  having  com- 
plied with  the  Law. 

Ordered  that  Nathaniel  Blackmore,  John  Munn,  John  Mc- 
Dowel  and  James  Allison  or  any  three  of  them  being  first 
Sworn  do  appraise  the  personal  Estate  and  Slaves  if  Any  of 
Thomas  Cook  deceased,  and  make  return  to  Next  Court. 

Administration  of  the  Estate  of  Archibald  Wilson  deceased 
is  granted  to  Elizabeth  Wilson  his  widow  she  having  Complied 
with  the  Law. 

Ordered  that  Thomas  Jackson,  Andrew  Pow,*  John  Rogers 
&  Michael  Dellow  Sen.  or  any  three  of  them  being  first  Sworn 
do  Appraise  the  Personal  Estate  and  Slaves  if  any  of  Archibald 
Wilson  deceased  and  make  return  to  next  Court. 

Andrew  Pow  Produced  a  Commission  from  his  Excellency  the 
Governor  Appointing   him  Lieut,  of  the  Melitia  which  was 
read  and  Sworn  to  accordingly. 
(71)         George  Brent  &  Phil  Pendleton  Sworn  Atto. 

John  White  Ju.  Took  the  Oath  of  Lieut,  of  Melitia. 

Deed  Pool  Andrew  McMeans  to  Thomas  Applegate  was  ac- 
knowledged by  sd.  McMeans  party  thereto  and  Ordered  to  be 
recorded. 

Hugh  Brawdy  Plaintiff 

V 

Jacob  Feagley  Defendt.     Award  returned  &  Judgment. 

James  Johnston  v  Godfrey  Wagoneer.  Award  returned  & 
Judmt. 

On  the  motion  of  John  Johnston,  Ordered  that  his  mark  a 
Swolefork  in  each  ear  be  recorded. 

Samuel  Newel  Gentlement  Present. 

View  of  a  Road  from  the  Road  leading  from  Gist  to  Devoirs 
Ferry  Crossing  the  River  opposite  the  mouth  of  Mingo  Creek 
from  thence  to  Fromans  Mill  on  a  Branch  of  sd.  Creek,  Re- 
turned by  the  Viewers,  Ordered  to  be  set  aside.  Ordered 
that  Michael  Humble,  Daniel  Applegate,  James  Colven  &  Hugh 

^  This  was  undoubtedly  the  celebrated  Andrew  Poe,  Indian  fighter. 


260  Annals  of  the  Carnegie  Museum. 

Brawdy  or  any  three  of  them  being  first  Sworn  review  said 
Road ;  and  make  return  to  next  Court,  sd  Road. 

Ordered  that  an  order  for  a  View  of  a  Road  from  Fromans 
Mill  to  the  road  Leading  from  the  Court  House  to  Pentecosts 
Mill  be  set  aside. 

Ordered  that  Henry  Newkirk,  John  Lewis,  John  Morrison, 
and  Henry  Morrison,  or  any  three  of  them  being  first  Sworn 
view  a  road  the  Nearest  and  Best  way  from  Fromans  Mill  on 
Mingo  Creek  into  the  Road  leading  from  the  Court  House  to 
Pentecosts  Mills  between  the  Plantations  of  Joshua  Wright  and 
John  Johnston  and  make  report  of  the  Conveniency  and  Incon- 
veniency  to  Next  Court. 
(72)         Isaac  Cox  Gentlemen.     Absent. 

Ordered  that  the  administration  of  the  Estate  of  Daniel 
Greathouse  deceased  formerly  granted  to  John  Greathouse  be 
revoked  and  that  the  same  be  granted  to  Mary  Greathouse  the 
widow  of  the  said  Deceased,  she  having  complied  with  the 
Law.  Ordered  that  Edmond  Polk,  James  Campbell  Richard 
Boyce,  &  Richard  Elson  or  any  three  of  them  being  first  Sworn 
do'  appraise  the  Personal  Estate  and  Slaves  if  any  of  the  Estate 
of  Daniel  Greathouse  deceased  and  make  return  to  Next  Court. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  morning 
7  oclock.  Samuel  Newell. 

At  a  Court  Continued  and  held  for  Yohogania  County  Sep- 
tember 29th,  1778. 

Present  Isaac  Cox  Samuel  Newell  Benjaman  Frye  Oliver 
Miller  Joseph  Becket  Gentlemen  Justices. 

Atteachments. 
Clerk  V  Poston     Contd. 
O'hara  v  Brandon,     Cont'd. 
Cumings  v  Lindsey     Cont'd. 
Grayham  v  Strain     Contd. 

Issues. 
Cox  V  Williams  &c.     Contd. 
Lydea  v  Cox     Contd. 

References. 
Connel  v  Vaughan     Abates     P.  Dead. 
V  Wells     Contd. 


Minutes  of  Court  of  YoHorjANiA  County.  261 

Washington  v  Martin    Contd. 
Ward  V  Dunn     Contd 
<73)         Ward  v  Wells     Contd. 
Priscoe  v  Todd     Contd. 
Connel  v  Lindsey     Contd. 
Reasoner  v  Ruth     Contd. 
Brown  v  Hamelton     Contd. 
Summervill  v  Summervill     Contd. 
Bowling  V  Morrison     Contd. 
Summitt  v  GoUihar  and  wife     Dismd.  &  P. 
Stirling  v  Richards.     Contd. 
Wells  V  Newell     Contd. 
Vance  v  Williams     Contd. 
Brashers  v  Hamelton     Contd. 
Cook  V  Ferrell     Abates  by  Plantiffs  Death. 
Gist  V  Waller     Contd. 

V  Hull     Contd. 

V  Boyles     Contd. 

Cook  V  Thomas     Abates  by  P.  Death. 
Burriss  v  Tropman     Contd. 
Hull  V  Bandfeeld.     Contd 
Wherry  v  White  Sen.     Contd.  at  Issue. 
Burriss  v  Johnston  &c.     Contd. 
Dunnaughagain  v  Gray.     Contd. 
Byers  v  Patterson.     Agreed. 
Pentecost  v  McDonald.     Agreed. 
Shilling  V  CoUingo.     Contd. 
Schley  v  McKindley     Contd. 
Shilling  V  Newkirk     Contd. 

V  the  same     Contd. 
Wills  V  Shilling.     Agreed 
Braydon  v  Vannatree     Contd. 
Cox  V  Williams  &c     Contd 
Pentecost  v  Long.     Agreed. 
Myers  v  Hooper     Contd. 
Mitchell  V  the  same     Contd. 
Richards  v  Ross     Contd. 
Fullum  V  Johnston  &c.     Contd. 

V  the  same     Contd. 


262  Annals  of  the  Carnegie  Museum. 

V  McCornish.     Contd. 
(74)         Andrews  v  Johnston  &c     Contd. 
Shilling  V  Fortner     Contd 
Hooper  v  Myers     Contd 

V  George  Miers     Contd. 
Brouniield  v  Ross.     Contd 
Holms  V  Dunn     Contd. 
Raster  v  Long  Ju.     Contd. 
Fulliim  V  Johnston.     Contd. 
Hooper  v  Thomas  &c.     Contd. 
Vance  v  Williams.     Contd. 
Fullum  V  Johnston.     Contd. 
Springer  v  Kersey     S.  Imprl. 
Swissecks  v  Jones     Contd. 
Froman  v  McCroury     Contd. 
Decker  v  Ruth    Contd 
Pearce  v  Evins.     Contd. 
Murphey  v  Richards     Contd. 
Hays  V  Deale     Contd. 
Bruce  v  Pelton     Contd. 
Ewalt  V  McCallister     Contd. 
Hoglaland  v  Riggle.     Contd. 

V  Laugh lin.     Contd. 
Swessicks  v  Swessicks.     Contd 
Newkirk  v  Shillings     Contd. 
McFarling  v  Beeler.     Contd. 
Andrews  v  Johnston     Cont. 
Matthews  v  Hibbitt     Contd. 
How  V  Geneway  &c.  Contd. 
Cox  V  Britzman     Contd. 
Vannatree  v  Braydon     Contd. 

V  Perkerson     Contd. 
Colwell  V  Frye  &c     Contd. 
Henderson  v  Kincaid.     Contd. 
Vannatree  v  Kuykenkall     Contd. 
Burriss  v  Williams     Contd. 
Jones  V  McDonald     Contd. 
Dawson  v  Kirkpatrick     Contd 
Morrison  v  Vannatree     Contd. 


*■  « 
«  t 
«•    1 


Minutes  of  Court  of  Yohogania  County.  263 

(75)  Hall  V  Wells     Contd. 
Gray  ham  v  Logan     Contd. 
Beeler  v  Walker     Contd. 
Woods  V  McKee    Contd. 
Morrison  v  Surgest     Contd. 
Froman  v  Boyce     Contd. 

Common  Orders. 

Lindsey  v  Long     Contd. 
Spivy  V  Beeler     Judgt.  Wt.  Enqy. 
Nelson  v  Shilling     Judgmt.  Wt.    Enqy. 
Shilling  V  Nelson.     Jugt.  Wt.  Enqy. 
Lawrence  v  Rogers.     Judgt.  Wt.  Enqy. 

Appearances. 

Colwell  V  Wray.     A  C 

Mattocks  V  Brown.     A  C 

Williams  v  Garby     Agreed. 

Deal  V  Hays     Contd. 

Crooks  V  Hogland     Contd. 

Patterson  v  Mc Cornish     Contd. 

V  Emberson     Agreed. 

McKay  v  Davidson  )  ^       , 

[  Contd. 
V  the   same  j 

Brown  v  Mattocks     A  C 

Morrison  v  Vannatree     Contd. 

Bouseman  v  McCjoldrick     Contd. 

Myers  v  Hooper     Dismised  P  R. 

Willson  V  Richards     Contd. 

Ralston  v  Lowry     Contd. 

Pearce  v  Evins.     Contd. 

Commingo  v  Boggs     A.  C. 

Kinkaid  v  Henderson  &c.     Contd 

V  Henderson.     Contd. 

Martin  v  Shillings     Discont. 

McDonald  v  Slover     A.  C. 

Hogland  v  McNew     Alia. 

(76)  Springer  vs.  Listenet  &  ux.      Agd. 
Same  vs.  Same     Agd. 


264  ANNALS    OF    THE    CaRNEGIE    MuSEUM. 

Lochran  vs.  Brown    Alias. 
Lydia  vs  Collins     Alias 
Colwell  vs  Thorn    Alias. 

vs.  Hoaghland.     Alias. 
Witzle  vs  Mcllwaine.     Alias. 
Winebiddle  vs.  Valentine.     Alias. 
Pearce  vs  Evans     Alias 
Lebat  vs  Smith  &  ux     Alias 
Allason  vs  Douglas     Discontd. 
Lintenberger  vs  Oldcraft.     Alias 
Lindsey  vs  Hamilton     Alias. 

vs  Smith     Alias. 
Wells,  Infant  &c.  vs.  Blackstone.     Alias. 
Mcllwaine  vs  Witzle  &  ux     Alias 
Valaudingham  vs  Walker     Alias 
Wagoner  vs  Rape     Alias. 
Barrackman  vs  Woods     Alias, 
vs  Harry     Alias. 
Miller  vs  Mitchell     Alias 

vs  Same     Alias 
Harrison  vs  Hall     Alias. 
Beans  vs  Johnston     Alias. 
Witzle  vs  Crawford     Alias 
Brashers  Admr.  vs  Colvin    Alias. 

vs  Brasheirs     Alias. 
McCulIum  vs  Brazier  &  Adm.     Alias 
Burns  vs  Loutherback     Alias. 
Sumrell  &:c  vs  Sumrell     Alias. 
Colwell  vs  Young  &  al     Alias. 
Listenet  Inf.  &c.  vs  Springer     Alias. 
Gallahier  <S:  ux  vs  Summitt     Contd. 
Froman  vs  Dean     Contd. 
Cook  vs  Dickenson,     abates  by  Pltff*s  Death. 
Riggs  vs  Corn     Plurias 
Thompson  vs  Carpenter     Agd. 
Brashairs  vs.  Hamilton     Discontd.      P.  No  Int. 
White  vs.  Johnston     Contd 
Campble  vs  Patterson     Plurias. 
(77)  Miller  v  McGowen.      D.  Contd. 


Minutes  of  Court  of  Yohogania  Counit.  265 

Burris  v  Jones     Discontd. 
Colwell  V  Mills     Plurias 
Wallace  v  Dunkin     Contd. 
Schley  v  McKindley     Alias. 
Boyce  v  Froman  &c.     Contd. 
Tygert  v  Bowley     Contd. 

V  Chamberlain  1  ^, 

^     .,  f  Contd. 

V  Davidson        J 

Swigert  v  Murphey     Contd. 
Davis  V  Pelton     Contd. 
McCullum  V  Gilyard     Contd. 
Lessee  Clerk  v  Again     Contd. 
Springer  v  Lestnett.     Contd. 
How  V  Geneway     Plurias. 

Petitions 

Todd  V  Shearer     A.  S. 
Hufman  v  Williams     A.  S. 
Timmons  v  Gaffney     A.  S. 
Wright  Asse.  v  Dunleavy     Contd. 
Morgan  v  Stalsman     A.  S. 
Dunleavy  v  Frye     Contd. 
Swigert  v  Ross     A.  S. 
Baggs  V  Commingo     A.  S. 
Devoir  v  Anderson.     Contd. 
Whitzle  V  Valentine     A.  S. 

District  Causes. 

Miller  v  Humble     Ejmt.  Contd. 
Pentecost  v  Jones  &c.     Contd. 

V  Linn.     Contd. 
Johnston  v  Swearengen.     Contd. 
Brounlee  v  Dugloss      Contd. 
Brent  v  Scott        ^      Dis.  Contd. 

v  the  same  >■  ** 

v  the  same  J  *  * 

(78)  Last  Will  and  Testement  of  Abraham  Vaughan  deceased  was 
proved  by  the  Oaths  of  Thomas  Gist  &  Edward  Hattfield  Sub- 
scribing Witnesses  &  O  R. 


266  Annals  of  the  Carnegie  Museum. 

Richard  Vaughan,  &  Andrew  Pow  Sworn  Executors  of  the 
Last  Will  and  Testement  of  Abraham  Vaughan  deceased. 
Ordered  that  Stephen  Ritchards,  Adam  Pow,  Thomas  Jackson 
&  Joseph  Jackson,  being  first  Sworn  do  appraise  the  Estate  of 
Abram  Vaughan  deceased  and  make  return  to  next  Court. 

Ordered  that  the  Tithables  within  five  miles  of  the  South  side 
of  the  road  of  which  Nicholas  Christ  is  Surveyor  work  on  and 
keep  said  Road  in  Repair. 

License  is  granted  James  Johnston  to  Keep  an  Ordinary  at 
the  Court  House  of  this  County,  he  having  Complied. 

Benjaman  KerkindaU  Present. 

Robert  Louden  is  appointed  Guardian  Elizabeth  Loudoun, 
Thomas  Loudoun,  Elasther  Loudoun,  Catherine  Loudown, 
John  Loudun,  James  Ix)uden,  Mary  Loudown,  Orphans  to 
James  Lowden  deceased,  he  having  Complied  with  the  Law. 

Ordered  that  Matthew  Ritchie  Gentleman  be  appointed 
Sheriff  for  the  Ensuing  Month  and  that  he  be  sworn  accord- 
ingly. 

Matthew  Ritchie  Gent.  Sworn  Sheriff  for  one  month. 

Ordered  that  the  Sheriff  Sommon  a  Grand  Jury  to  attend 
next  November  Court. 

David  Philips  is  appointed  Constable  the  Ensuing  year  and 
that  he  be  sommoned  before  Oliver  Miller  Gentl.  to  Qualify 
into  said  Office. 
(78)  Ordered  that  Nicholas  Depugh,  Benjaman  Kaster  be  ap- 
pointed Constables  the  Ensuing  year,  and  that  they  be  Som- 
moned to  Swear  into  Said  Office. 

Ordered  that  Atteachment  Issue  against  Samuel  Devoir  for 
not  Taking  on  himself  the  Office  of  Constable. 

Edward  Ward  Gent,  named  in  the  Commission  of  the  piece 
and  Commission  of  Oyer  and  Terminer  come  into  Court  and 
Took  the  Oath  of  Justices  of  Piece  and  Justice  of  Oyer  and 
Terminer. 

Ordered  that  Anne  McClain  be  sommoned  to  shew  cause 
why  her  Daughter  Anne  JefTeress,  Should  not  be  Bound  to 
Samuel  Semple,  agreable  to  the  Tenner  of  a  Contract  Between 
the  said  Ann  and  Sarah  Semple  wife  of  the  said  Samuel  in  the 
year  1770. 


Minutes  of  Court  of  Yohogania  County.  267 

Simmon  &  Campbell 

V  Atteachment. 

Croghan   Ordered  that  Judgment  be  set  aside 

Garnishee      and  redocked. 

David  Dunking  having  formerly  declared,  that  he  had  in  his 
hands  one  hundred  Seventy  Nine  and  three  forth  Dollars  the 
Property  of  the  Defdt.  William  Christie,  two  pair  of  Geers,  one 
old  Ax,  one  old  Spade,  a  pitchfork,  a  Small  Box  of  Iron  &  on 
old  Lanthem.  George  Lentinburgher  That  he  had  a  Wheat 
fan,  the  property  of  the  Defdt.  Money  condemned  in  the  hands 
of  Garneshee.  Judjm't  according  to  former  Judgment,  and 
Order  of  Sale. 

Bill  of  Sale  Sarah  Reed  to  Robert  Blakely  and  John  Reed 
was  proved  by  the  oath  of  Edwd.  Cook  one  of  the  Subscribing 
Witnesses  &  O.  R. 
(79)         Edward  Ward  Gentleman  Present. 

Joseph  Brouster  &  Jacob  Bouseman  &  Malechia  Hays  come 
into  Court  and  did  acknowledge  to  Owe  to  Patrick  Henry 
Esq.  Gov.  or  Chief  Majestrate  of  this  Commonwealth  or  his 
Successor  in  Office  Vizt.  the  said  Joseph  Brouster  in  the  sum 
of  five  hundred  pounds,  and  the  said  Jacob  Bouseman  and 
Malichi  Hays  in  the  Sum  of  two  Hundred  and  fifty  pounds 
each,  to  be  levied  on  their  respective  goods  &  Chatties  Lands 
and  Tenements,  Conditioned  for  the  Personal  Appearance  of 
the  said  Joseph  Brouster  at  the  Next  Grand  Jury  Court  to  be 
held  for  this  County  and  then  and  there  answer  to  Such  Objec- 
tions as  shall  be  alledged  against  him  Touching  his  being  con- 
cerned in  the  Late  Conspiracy  for  Taking  the  Garrison  of  Pitt, 
and  not  depart  the  Court  without  Leave  otherwise  to  remain  in 
full  force  &  Virtue. 

Ordered  that  the  allowance  made  to  the  wife  of  Daniel  Mc- 
Kay a  poor  Soldier  Shall  commence  the  25th  of  May  Last  and 
Continue  to  the  25th  of  the  Present  Month. 

Ordered  that  Colo.  John  Campbell  pay  to  the  respective 
Soldiers  wives  &  widows  the  money  remaining  in  his  hands 
due  them  up  to  the  25th  of  the  Present  Month. 

Ordered  that  the  Clerk  perfer  a  Petition  to  the  Assembly 
seting  forth,  that  the  Court  Conceives  the  Ikying  a  County 
Levy  to  defray  the  Necessary  Expence  of  the  County,  in  the 


268  Annals  of  the  Carnegie  Museum. 

administration  of  Justice,  will  from  the  Peticulear  Situation  of 
the  County  be  attended  with  difficulty,  and  praying  that  it 
may  be  Enacted  to  enable  the  Court  to  receive  and  apply  the 
fines,  accruing  in  the  County  towards  Lessing  the  County  Levy. 
Ordered  that  Court  be  adjourned  untill  Court  in  Course. 

Benja.  Kuykendall. 

(8i)  At  a  Court  Continued  and  held  for  Yohogania  County  Oc- 
tober the  26th,  1778. 

Present.  Edward  Ward  Benjaman  Kuykendall,  Oliver  Miller 
William  Harrison,  Samuel  Newell.     Gentlemen  Justices. 

Archibald  Hull  v  Thomas  Bonfied.  At  Request  of  party 
ordered  to  be  refered  to  George  Cox  &  John  Jackson,  Jas. 
Innis  &  John  Decker. 

Richard  Beall  Sworn  Lieut,  of  Melitia. 

Inventory  of  the  Estate  of  Benjaman  Bruer  deceas'd.  Re- 
turned by  the  Appraisers  and  Ordered  to  be  Recorded. 

Inventory  of  the  Estate  of  Jonathan  Higgs  deceased  Re- 
turned by  the  appraisers  and  Ordered  to  be  Rec*d. 

Matthew  Ricthie  is  appointed  Sheriff  for  one  month  who  was 
sworn  accordingly. 

John  Southerlin  Sworn  Deputy  Sheriff  for  one  month. 

The  last  will  and  Testament  of  John  Pcarce  deceased  was 
proved  by  the  Oath  of  Moses  Cox  and  Dorsey  Pentecost  two  of 
the  Subscribing  Witnesses,  and  Ordered  to  be  Recorded. 

Inventory  of  the  Estate  of  Samuel  Ketcham  deceased,  re- 
turned by  the  appraisers  and  Ordered  to  be  Recorded. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  Morning 
7  Oclock  Edwd.  Ward. 

(82)  At  a  Court  Continued  and  held  for  Yohogania  County 
October  27th,  1778. 

Present  Edward  Ward  Benjaman  Kuykendall,  Oliver  Miller, 
Samuel  Newell,  William  Harrison,  James  Rogers  Gentlemen 
Justices. 

Ordered  that  the  Ordinary  Keepers  within  this  County  be 
allowed  to  sell  at  the  following  rates  — 

Whiskie  by  the  half  pint 2S. 

The  sair.e  made  into  Toddv 2S.6. 


Minutes  of  Court  of  Yohogania  County.      269 

for  a  Greater  or  Lesser  Quantity  in  the  same  pro- 
portion  

Beer  p  Quart iS6 

the   same    proportion    for   a    Larger  or   Lesser 

Quantity 

for  a  hot  Breakfast 3S 

for  a  Cold  ditto 2S6 

for  a  Dinner 4S. 

for  a  Supper 3S. 

for  Lodging  with  Clean  Sheats 1S6 

Stablage  with  good  hay  or  fodder 5S. 

Corn  p.  Quart 9d 

Oats  p.  Quart 6d 

Inventory  of  the  Estate  of  Daniel  Greathouse  deceased 
Returned  by  the  administrator  and  Ordered  to  be  recorded. 

Richard  Crooks  and  Nathaniel  Brackmore  is  Recommended 
to  the  Governor  as  proper  persons  to  Serve  as  Captains  of  the 
Melitia. 
(83)  James  Burriss  &  John  Roadharmill  be  recommended  to  the 
Governour  as  proper  Persons  to  Serve  as  Lieutenants  of  the 
Melitia. 

James  Guffee  is  recommended  to  the  Governour  as  Proper 
Person  to  Serve  as  Ensign  of  the  Melitia. 

Michael  Tygert,  Samuel  McAdams,  John  Shannon,  James 
Morrison  Ju.  &  Francis  Morrison  is  recommended  to  the 
Governour  as  proper  persons  to  Serve  as  Lieutenants  of  Melitia. 

Jacob  Long  Jun.  &  Moses  Cooe  are  Recommended  to  the 
Governour  as  proper  Persons  to  Serve  as  Ensigns  of  the  Melitia. 

On  the  Motion  of  Colo.  John  Campbelle  License  is  granted 
him  to  Build  and  Compleat  a  Water  Mill  on  Campbell's  Run 
emtying  into  Churtees  Creek  on  the  West  side,  a  short  distance 
below  Robertson's  Run.^  It  being  made  appear  in  this  Court 
that  the  Building  Said  Mill  will  effect  the  property  of  no  Per- 
son, the  Lands  on  both  sides  being  the  Property  of  the  said 
Campbell. 

Ordered  that  Court  be  adjourned  to  Court  in  Course. 

Edwd.  Ward. 

^  Now  Known  as  Robinson's  Run,  emptying  into  the  Chartiers  at  the  Borough  of 
Carnegie. 


270  Annals  of  the  Carnegie  Museum. 

(84)  At  a  Court  held  for  Yohogania  County  November  the  23rd. 
1778. 

Present  Edward  Ward,  Isaac  Cox,  Joshua  Wright,  &  James 
Rogers,  Gentlemen  Justices. 

Ordered  that  Colo.  John  Campbell  have  leave  to  Build  a 
Mill  on  Churteers  Creek  near  the  mouth  of  Robertson's  Run. 
It  appearing  by  the  Return  of  a  Jury  for  that  Purpose  that  It 
will  effect  no  Person,  and  that  the  said  Report  be  recorded. 

Nicholas  Dawson  Sworn  Captain  of  the  Militia. 

Deed  poll  Wm.  Price  to  William  Harrison  acknowledged  by 
the  sd.  Price  party  thereto  and  Ordered  to  be  recorded. 

Deed  poll  Daniel  Casity  to  Edward  Griffith  Proved  by 
William  Price  one  of  the  Subscribing  Witness.  Ordered  to 
Lie  for  farther  Proof. 

Deed  Poll  William  Shannon  to  James  Miller  acknowledged 
by  said  Shannon  and  Ordered  to  be  recorded. 

Ordered  that  Samuel  Johnston,  Ritchard  Boyce,  James  Camp- 
bell, Alexander  McKendless,  Peter  Rowleter,  William  Christie, 
John  Ormsby,  Natheniel  Tumbleson,  Edmond  Polke,  Richard 
Wells,  Joseph  Noble,  James  Allison,  Laurence  Crow,  Nicholass 

(85)  Little  &  Susbalze  Bently,  be  fined  agreeable  to  Law  for  non 
attendance  as  Grand-Jury  Men. 

John  Lydca  v  W"'-    Collings  &  Zebulon  Collins.     Spl.  Bail. 
Ordered  that  the  Court  be  adjourned  untill  Tomorrow  Morn- 
ing 9  oclock.  Edwd.   Ward. 

At  a  Court  Continued  and  held  for  Yohogania  County  No- 
vember 24th  1778. 

Present :  Edward  Ward  Isaac  Cox,  Samuel  Newell,  Oliver 
Miller,  Gentlemen  Justices. 

Administration  of  the  Estate  Geo.  Rineheart  is  granted  to 
Mark  Her  he  having  Complied  with  the  Law. 

Ordered  that  Richard  Waller,  Joseph  Waller,  Edward  Hat- 
field &  Augustus  More  or  any  three  of  them  being  Sworn  do 
a])])raise  the  Estate  of  Geo.  Rineheart  deceased  and  Make  re- 
port to  Next  Court. 

Archibald  Hull  agt.  Thomas  Bondfield,  Awd.  Returned  and 
Judgment. 

License  is  granted  John  Collings  to  keep  a  Ordinary  at  his 
House  he  having  Complied  with  the  Law. 


Minutes  of  Court  of  Yohogania  County.  271 

Administration  of  the  Estate  of  John  Green  deceased  is 
granted  to  William  Colvin  he  having  complied  with  the  Law. 

(86)  Ordered  that  Thomas  Brown,  Bazel  Brown,  Benjamin  Brash- 
ers  &  Otho  Brashers  do  appraise  the  above  Estate  and  make 
report  to  next  Court. 

Administrater  of  the  Estate  of  John  McClery  is  granted  to 
William  McClery  he  having  complied  with  the  Law.  Ordered 
that  John  Reed,  Robert  Thompson,  Joseph  McGarman  & 
Mabary  Evins  or  any  three  of  them  being  first  Sworn  do  ap- 
praise the  above  Estate  and  make  report  to  next  Court. 

Inventory  of  the  Estate  of  John  Mills  deceased  returned  by 
the  appraisers  and  Ordered  to  be  recorded. 

Joseph  Brown  v  Tobias  Mallocks,  Samuel  Dunn.      Sp.  Bail. 

Samuel  Holcross  v  Samuel  Dunn.  Tobias  Mallocks  Spl. 
Bail. 

Com.  Wealth 

v  for  Disaffection  to  the  State. 

Joseph  Brouster.  The  said  Brouster  being  brought  into 
Court  and  nothing  appearing  against  him  Ordered  to  be  Dis- 
charged. 

Deed  Poll  Walter  Grayham  to  Thomas  Christie  was  proved 
by  the  Oath  of  Jacob  Bouseman  one  of  the  Subscribing  Wit- 
nesses, and  Ordered  to  Lie  for  farther  proof 

Inventory  of  the  Estate  of  John  McCay  deceased  returned 
and  ordered  to  be  recorded. 

Joshua  Wright  Genl.  Present. 

John  Hall  being  bound  in  recognizance  who  being  called 
failing  to  appear.     Ordered  that  a  Scerafacis  Issue. 

License  is  granted  to  John  Roberts  to  keep  an  Ordinary  at 
his  House  he  having  Complied  With  the  Law. 

(87)  Ordered  that  Edward  Hatfield,  Christopher  Price,  John 
Beason  and  Henry  Beason  or  any  three  of  them  being  first 
Sworn  do  appraise  the  Estate  of  Abraham  Vaughan  deceased, 
and  make  return  to  next  Court. 

Lapsley  vs  Reed.  Ordered  that  a  Commission  Issue  to  Take 
Deppositions  in  said  Suit. 

Edwd.  Ward.     Genl.     Absent. 

Ward  V  Thorn.  Ordered  that  a  Commission  Issue  to  Take 
Deppositions  in  said  Suit. 


272  Annals  of  the  Carnegie  Museum. 

Ruburn  vs.  Laferty.     No  Inhabitant.      Dism*d. 

Ordered  that  the  Administraters  of  the  Estate  of  Frederick 

Farree  be  Sommoned  to  render  acct.   of  said  Estate  to  next 

Court. 

Attachments 

Ohara  vs  Brannon.     Contd. 

Cummings  vs  Lindsey.     Contd. 

Gray  ham  vs  Strain     Abates.  Def.  Dead. 

Issues. 

Cox  vs  Williams     Contd  def. 
Lydia  vs  Cox.     Contd  Ptf. 
Wherry  vs  White.     Contd  PLf. 
Miller  vs  Humble     Contd  PLf. 
Pentecost  vs  Jones     Contd  Deft. 
Johnston  vs  Swearengen     Contd. 
Brounlee  vs.  Douglas.     Contd. 

References. 

Council  vs  Wells     Contd. 
Washington  vs  Martin     C.  O.  Eject. 
Ward  vs  Dunn     dism.  by  PLf. 

vs  Wells     Contd. 
Briscoe  vs  Todd     Contd. 
Connell  vs  Lindsey.     Contd. 
Reasner  vs  Ruth.     Contd. 
Broun  vs  Hambleton.      Contd. 
(88)         Sumrell  vs  Sumrell,     Contd 

Bowling  vs  Morrison.      Contd. 
Sterling  vs  Richards     Contd. 
Wells  vs  Newell.     Contd. 
Vance  vs  Williams     C.  O.  Eject. 
Basheirs  vs  Hambleton     Contd. 
Guest  vs  Waller.     Contd. 

vs  Hull     Contd. 

vs  Boyles     Do. 
Burris  vs  Trapman.      Contd. 

vs  Johnston     Contd. 
Donnagen  vs  Gray     Contd. 


Minutes  of  Court  of  Yohogania  County.  273 

Shilling  vs  Collins.     Contd. 
Sly  vs  McKinley.     Contd. 
Shilling  vs  Newkirk     N.  G.     Agd. 

vs  Same     Owe  Nothing.     Agd. 
Braden  vs  Vanatre.     Contd. 
Cox  vs  Williams     Contd  Def. 
Myers  vs  Hooper     N.  G.  with  Leave.     Agd. 
Mitchell  vs  Same     N.  G.  do. 
Richards  vs  Ross.     Contd. 
Fullum  vs  Johnston  &  at     Contd.  def. 

vs  Same     Do. 

vs  Jno.  McCornish     Do. 
Andrews  vs  Same     Contd  Def. 
Shilling  vs  Faukner.     N.  G.  with  Leave  Agd. 
Hooper  vs  Myers     N.  G.  with  Leave.     Agd. 

vs  G.  Myers     Do. 
Brounfield  vs  Ross     Contd 
Custard  vs  Long     Contd 
Hooper  vs  Myers     N.  G.  With  Leave  Agd. 
Vance  vs  Williams.     Contd  Def. 
Fullum  vs  Johnston     N.  G.  w.  Leave  Agd. 
Springer  vs  Kerny     N.  G.  with  Leave  Agd. 
Swassicks  vs  Jones     Contd 
Froman  vs  McCrory     Judg.  by  Nihil  dicet. 
Decker  vs  Ruth     Contd 
Pearce  vs  Evans     Contd. 

(89)  [Patrick  Clerk  having  Obtained  an  Attachment  against  the 

Estate  of  William  Poston  for  ;;^4. 18.4  Penn'a  Currency  who 
is  said  to  be  so  obsconded  that  the  Ordenary  Process  of  Law 
cannot  be  served  upon  him,  and  the  Sheriff  returned  that  he 
had  levied  the  said  Attachment  in  the  hands  of  Anthony  Cork- 
hern,  and  that  the  said  Anthony  confes'd  that  he  had  ;£i6.io 
Penn*a.  Currency,  Proprty  of  Plantiff,  and  the  Plantiff  pro- 
duced a  proved  account  agt.  the  sd  Defendant  for  ;^4. 18.4 
Pennsylvania  Currency.  It  is  considered  by  the  Court  that 
the  Plantiff  reed.  agt.  the  Defdt.  ;^.3.i8.6.  with  costs.  Or- 
dered that  the  Money  be  Cond.  in  the  hands  of  Garneshee.]^ 

*  Erased  in  the  original. 


274  Annals  of  the  Carnegie  Museum. 


Murphy  vs  Richards. 

Contd. 

Hay  vs  Dean 

do 

Bruce  vs  Felton 

do 

Evalt  vs  M.!Callister 

do 

Hoagland  vs  Riggle 

do 

vs  T.augliu 

do 

Swassick  Adr.  vs  Swassicks.     do  Eject. 

Newkirk  vs  Shilling.     Conditions  perfd.     Contd. 

Mcfarland  vs  Beelor.     Contd. 

Andrew  vs  Johnson.     Contd. 

Matthews  vs  Hibett.     Contd. 

Howe  vs  Jenniway.     Contd. 

Cox  vs  Bretsman.     Contd. 

Vanatre  vs  Braden.     Contd. 

vs  Parkison.     Contd. 
Colwell  vs  Fry     C.  O. 
Henderson  vs  Kinkade.     C.  O. 
Vanatre  vs  Kuykendal.     Contd. 
Burriss  vs  Williams.     Contd. 
Jones  vs  McDonald.        do 
Dawson  vs  Kirkpatrick.     Contd. 
Morrison  vs  Vanatre.     C.  O. 
Hall  vs  Wells  &c.     Contd. 
(90)         Grayham  vs  Logan     Contd. 
Heeler  vs  Walker.     Contd. 
Woods  vs  McKey.     Con'd. 
Morrison  vs  Swygart.      Contd. 
Froman  vs  Bo)er     C.  O. 
Deal  vs  Hays.     Contd  Plf. 
Crookes  vs  Hougland.     Contd. 
Patterson  vs  McCornish.     Contd. 
Morrison  vs  Vanatre.     C.  O.  Eject. 
Bousman  vs  McGoldrick     C.  O. 
Myers  vs  Hooper.     C.  Rule.  N.  G. 
Willson  vs  Richards     N.  G. 
Rolstone  vs  Lowry.      Contd. 
Pearce  vs  Evans.      Contd 
Gallahar  vs  Summitt.     discontd. 
Froman  vs  Deane.      C.  O. 


Minutes  of  Court  of  Yohogania  County.  275 

White,  Sen.  vs.  Johnson.     C.  O. 

Wallice  vs  Duncan.     Contd. 

Sly  vs  M^-Kenly.     Contd. 

Boyce  v  Froman  &c.     Contd.     Ptff. 

Tygart  vs  Boley.     Contd. 

vs  Chamberlane.     Contd. 

vs  Davis.     Contd. 
Swygart  vs  Murphy.     C.  O. 
Devoir  vs  Pelton.     Contd. 
Mf.Cullum  vs  Galliard.     Dism.  with  Costs. 
Clark  vs  Again     Contd. 
Springer  vs  Listenett.     Contd. 
M'.Coy  vs  Davison.     Contd. 

vs  Same     do 

C.     Orders. 
Lindsey  vs  Long 
Spivy  vs  Beelor.     Contd. 
Nelson  vs.  Shilling.     Contd 
Shilling  vs.  Nelson     do. 
Lawrence  vs  Rogers     do. 

(91)  Ordered  that  a  request  be  made  to  the  Court  of  Monaun- 
gohela  to  appoint  Two  Gentlemen  to  meet  Rich'd.  Yeates  and 
Isaac  Leet  Jun.  appointed  by  this  Court  as  Commissioners 
to  ascertain  Dunlaps  old  road  from  Redstone  old  Fort  to 
Bradocks  road  as  the  Boundry  Line  between  this  County  and 
the  sd  County  of  Monaungohela  agreable  to  Act  of  Assembly. 

Alias  Capias. 

Colwell  v  Wray.      Plu.  Cap. 
Mallocks  vs  Brown     Contd. 
Brown  vs  Mallocks     Contd. 
Kinkaid  vs  Robert  Henderson.      Contd. 
Cumings  vs  Baggs.     Contd 
Kinkaid  v  Henderson     Contd. 
McDonald  v  Slover     Contd. 
Hazle  V  McNew     Contd. 
Laughlin  v  Brown     Contd. 
Colwell  V  Thorn     Plu  Cap. 
V  Hogland     Con. 


276  Annals  of  the  Carnegie  Museum. 

Whitzle  V  Mcllwane     Contd. 
VVinebiddle  v  Valentine     Contd. 
Pearce  v  Evins     Contd. 
Labatt  v  Smith     Contd. 
Lentenburger  vs  Oldcrof.     Contd. 
Lindsey  v  Hamilton     Contd. 

V  Smith     Contd. 
Wells  Inf.  V  Blackson     Contd. 
Mclnwane  v  Whitzle     Contd. 
Valaninghan  v  Walker     Contd. 
Wagoneer  v  Rape     Contd. 
Barrackman  vs  Woods     Contd. 

V    Havig     Contd. 
Miller  v  Mitchell     Contd. 
V  the  same     Contd. 
(92)         Harrison  v  Hall     Contd. 
Beans  vs  Johnston     Contd. 
Whitzle  vs  Crawford.     Contd. 
Brashers  adm.  vs  Colvin     C.  O. 

v  Brashers     CO. 
McCullum  vs  Brashers.     Contd. 
Burns  &c  v  Loutherback     Contd. 
Sum  rail  &c  v  Sumrall     Contd. 
Colwell  V  Young     N.  G. 
Lestnett  Inf  cScc.  v  Springer     Contd. 
Riggs  V  Corn     Contd. 
Campbell  v  Patterson.     Contd. 
Schley  v  McKindley.     Contd. 
How  V  (jcneway.      Contd. 
Colwell  V  Mills.     Contd. 

Appearances. 

Henderson  v  Walson     Dis.  by  Plantiff. 
Ceilings  vs  Vannatree.     Contd. 
Williams,  Ass.  vs  Anderson     Contd. 
Tharj)  v  Gray     Contd. 

V  Matthews     Contd. 
Frye  v  Richie.      Contd. 
Miirj)hey  v  lourden.      Contd. 

V  the  same     Contd. 


Minutes  of  Court  of  Yohogania  Count\'.  277 

Heath  v  Bruce     Impl. 
Brooks  Adm.  v  Roberts.     Contd. 
Smith  V  Gibson     Alias  Cap. 
Henry  v  Slone     C.  O. 

Miller  v  Humble     Alias  Cap.  ^ 

Henderson  v  Johnston     Send  out  another  Ejmt. 
Froman  v  Boyce.     Ejmt.     Send  out  a  new  Process. 
Johnston  v  Stephens     Contd. 
V  the  same     Contd. 
Reed  v  the  same     Contd. 
Wright  V  Heart.     Contd. 
Boot  he  V  Shuster     Dism.  by  Plff. 
(93)         Keams  vs  Loggan.     Alias  Cap. 
Springer  vs  Walker.     Alias  Cap. 
Hamelton  vs  Norris  "| 

vs  Brashers.  >  Ejm.  Issue  New  Process. 

vs  Brashers  Sen.    J 
Gallihair  vs  Tracy.     Disctd. 
Mf.Carmeck  vs  Willson.     Contd. 
Munn  vs  Crawford.     Contd. 
M^'Mahen  vs  Matthews.     Alis  Cap. 

vs  Honks     Alias  Cap. 

Ordered  that  Colo.  Isaac  Cox  be  Impowered  to  acct  with 
all  person  that  hath  Negociated  any  Business  relative  to  this 
County's  Salt,  Lodged  with  Israel  Thompson  of  Louden 
County,  and  that  he  receive  the  remainder  of  said  Salt,  and 
Transport  it  to  this  County,  and  Issue  the  same  to  the  Inhabi- 
tants to  whome  it  is  due,  at  Six  pounds,  Ten  Shillings  pr. 
Bushell,  and  that  the  profits  thereon  shall  be  his  full  satisfac- 
tion for  his  said  Services  and  that  the  said  Colo.  Cox  shall 
also  pay  all  demands  on  said  salt  Either  for  the  original  pur- 
chase or  otherwise. 

Ordered  that  Philip  Pendleton  be  allowed  one  Hundred 
pounds  pr  annum  for  his  Services  as  the  State  Attorney. 

The  Court  then  proceeded  to  lay  the  County  Levy. 

Dr.  the  County  of  Yohogania. 

To  Philip  Pendleton  as  States  Attorny  >£ioo- 

To  Richard  Yeates  for  Running  County  Line  31 


278  Annals  of  the  Carnegie  Museum. 

To  Isaac  Leet  Jun.  Do.  36 

To  Dorsey  Pentecorst  for  Attending  pr.  Acct.         14.18 


;^i8i.i8 


Levy  Continued. 

(94)         Dr.  Brought  Over  ;£'i8i.i8 

Cr.    By  910  Tithables  @  12  S.  Each  546. — 


364.2 
Dr.  to  the  Sheriff  for  collecting  ;;^546  at  6  pr  C.       32.15.2 


£33^'  6.2 
To  the  sheriff  for  Extra  Services  1 200  &  Tob*o.  7.10 


Depositum  in  Sheriffs  hands  ;;^333-i6.io. 

Ordered  that  the  sheriff  Collect  from  every  Tithable  person 
within  this  County  the  sum  of  Twelve  Shillings  each  as  a 
County  Levy,  and  that  he  pay  the  above  Charges  to  the  differ- 
ent persons  to  whome  they  are  due,  and  that  he  account  for 
the  above  Collections. 

Ordered  that  Benjaman  Kuykindall,  and  Samuel  Newell 
Gentlemen,  Contract  with  a  proper  person  or  persons  To  Junk 
and  Daub  the  Coort  house,  and  provide  Locks  and  Bars  for 
the  Doors  of  the  Goal,  and  to  Build  an  addition  to  the  Ednd 
of  the  Court  House  and  Goal  Sixteen  feet  squear  one  Story 
High  with  good  Sufficient  Logs  and  a  good  Cabbin  Roof,  with 
a  good  outside  wooden  Chimney,  with  Convenient  Seats  for  the 
Court,  and  bar,  with  a  Sheriffs  Box  &c.  with  a  good  Iron  pipe 
stove  for  the  Goal  Room,  and  that  they  have  a  pair  of  stocks, 
whiping  post  and  Pilliory  Erected  In  the  Court  yard,  and  that 
the  whole  be  Compleated  as  soon  as  Possible. 

Ordered  that  Henry  Taylor,  James  Allison,  James  Patterson 
and  William  Brashers  be  atteached  for  Contempt  in  Neglect- 
ing to  make  report  of  the  Conveniency  and  Inconveniency  of 
a  Road  from  Catfish  Campt  to  Pentecosts  Mills,  agreable  to  a 
former  Order  of  Court. 
(95)  Ordered  that  Court  be  adjourned  untill  Tomorrow  morning 

9  oClock.  Edw''    Ward. 


Minutes  of  Court  of  Yohogania  County.  279 

At  a  Court  Continued  and  held  for  Yohogania  County 
November  25th,  1778. 

Present,  Edward  Ward.  Isaac  Cox,  Joshua  Wright  Richard 
Yeates  and  Samuel  Newell  Gentlemen  Justices. 

Atteachments  from  the  District  Dockett. 

Anderson  vs  McLean.     Contd. 

McMahon  vs  Myers.     Contd. 

Campbell  vs  Street.     Contd. 

Morgain  vs  Connolly     Contd. 

Dunking  &  Wilson  vs  Linn     Contd. 

Price  vs  Linn     Contd. 

Hawkins  vs  Greathouse     Abates  by  Def.  Death. 

Hull  vs  Linn.     Contd. 

New  Atteachments. 

Pillon  vs  Smith     Contd. 
Hammill  vs  Hanks     Contd. 
Duglas  vs  Hill     Discontd. 
Vergin  vs  Carr     Abates  by  Def.  Death. 
Perkerson  vs  Duglass     Discontd. 
Decker  vs  Hanks.     Contd. 
Bowling  vs  Rutter.     Contd 
{96)         Conee  vs  Casteel     Contd. 

Robertson  vs  Frenuty     Contd. 
Smallman  vs  McConnell     Contd. 
Thomas  vs  Kilgore     Discontd. 
Perkerson  vs  Edwards     Contd. 
Ormsby  vs  Dunn     Contd. 
Harrison  vs  Wallace     Discontd. 
Ogle  vs  McSwan     Contd. 

Issues. 

Spear  vs  Jones     Contd. 

Decamb  vs  Nicholas.     Abates  by  Plant.  Death. 

vs  the  same     Do. 
McCawIey  vs  Jones     Contd. 
Campbell  vs  McKay.     Abates  by  Defd.  Death. 
Spears  vs  Winemiller     Contd. 
Semple  vs  Collings     Contd. 


280  Annals  of  the  Carnegie  Museum. 

Colings  vs  Sample     Contd. 
Bouseman  vs  McGoldrick     Contd. 
Hawkins  vs  Wheet     Contd. 
Rowly  vs  Springer     Contd. 
Ward  vs  Thorn     Contd. 
Jones  vs  Spear     Contd. 
Heckman  vs  Brounfeld     Do. 
Pentecost  vs  Linn.     Contd. 
Corn  vs  Miller     Contd. 
Pentecost  vs  Briscoe.     Contd. 
McGinnis  vs  Gibson     Contd 
Hite  vs  Core     Abates  by  Plat.  Death. 
Parker  vs  Barrackman     Contd. 
Shilling  vs  Taylor     Contd. 
Hawkins  Ass.  vs  Clark     Contd. 
Hawkins  vs  Kuykendall     Contd. 
McLouney  Adm.  vs  Thomas     Contd. 

V  Smith     Contd. 
97)         Eaton  vs  Cannon     Contd. 

vs  McClelland.     Contd. 
Bond  vs  Mordacai     Contd. 
V    the  same     Contd. 
McDonald  v   Scott  ^ 

vs  Caveatt       [•  Contd. 
V    Hannah      J 
Brawdy  Ass  vs  Trench     Contd. 
Grubb  vs  Dooling     Contd 
Vallandingham  vs  Teegarden     Contd. 
Thomas  vs  Hannah  &c     Contd. 

v  Hannah.     Contd 

v  Caveatt     Contd. 
Haney  vs  McKay     Contd. 
Chambers  vs  Spear  cKic     Contd. 

vs  Thorn     Contd. 
Ward  vs  Thorn     Contd. 
McLingt  vs  Knight     Contd. 
Wood  vs  Gray     Contd. 
Martin  vs  Diiglass     Contd. 
Ikx^ler  vs  Wells     Discontd. 


Abates  by  Plant.  Death. 


Minutes  of  Court  of  Yohogania  County.  281 

Cook  vs  Froman     Contd. 

V   Shilling     Contd. 

vs  McConnell     Contd. 

vs  Robertson     Contd. 
Crow  vs  Williams     Contd. 
Same  v   the  same     Contd. 
Same  vs  the  same     Contd. 
Sample  vs  McKinzey     Contd. 
Heckman  vs  Dunkfield     Contd. 
Rogers  vs  McKay.     Abates  by  Defds.  Death. 
Wilson  vs  Hannah     Contd. 
Colvin  vs  Frederick     Contd. 
(98)  Holliday  vs  Hawkins     Contd. 

Bowley  vs  Springer     Contd. 
V  Springer     Contd. 
Cresep  v  Dooling 

V  Peters 

V  Teegarden 

V  French 
Bealle  v  Finn  &c    ^  Contd. 

V  McMahon  J  Contd. 
Barrackman  vs  Mutzs     Contd. 
Armstron  vs  Ownigs  &c.      Contd. 
Hamelton  vs  Dunfield     Contd. 
Hand  vs  Whi taker     Contd. 
Harrison  vs  Paul.     Abates  by  Defds.  Death. 
Neavill  vs  Gist     Contd. 
Riley  vs  Hanna     Contd. 

Cresip  adm.  vs  Tegarden     Abates  by  Plant.  Death. 
Teagarden  vs  Hammon     Contd. 
Cresip  vs  Swearengen     Contd. 
Phelps  vs  McKay.     Abates  by  Defd.  Death. 

v  Sample.     Contd 
Campbell  vs  Bealle     Contd 
Paul  vs  Smith     Contd. 
McElroy  vs  Templin.     Contd. 

V  the  same     Contd. 
Kuykendall  vs  Ross     Contd. 


282  Annals  of  the  Carnegie  Museum. 

Referances  Not  at  Issue. 

Frye  vs  Tilton     Contd 

V  the  same     Contd. 
Chamberlain  vs  Hanthorn     Contd. 
the  same  Heckman  ^  Abates  by 

the  same  j  Defds.  Death. 

Ward  vs  Owings  Jun.      Disctd.  Defd.  paying  cost. 
Spear  vs  Heckman.     Abates  by  Defds.  Death. 

vs  Proctor     Contd 

vs  Humble.     Abates  by  Defds  Death. 
(99)         Spear  vs  Gist     Contd. 

Croghan  vs  Waugh     Contd. 

Steenburgan  vs  Warbill.     Abates  by  Defd.  Death. 

Newell  vs  Robertson     Contd. 

Kuykendal  vs  Hawkings     Contd. 

Small  vs  Teagarden     Abates  by  Def.  Death. 

Sample  &  ux  vs  McKay.     Abates  by  Def.  Death. 

Shilling  V  Young     Contd. 

V  the  same     Contd 

V  Dement     Contd. 
VS  Proctor     Contd. 

Newell  vs  Wiseman     Contd. 
Noble  vs  Chamberlain     Contd 

V  Shay  &c     Contd. 
Shilling  VS.  Martin     Contd. 
Hawkins  Ass.  vs  Hilderbrand     Contd. 
Hawkins  v  the  same     Contd. 

v  Tonee     Contd. 

V  Hanks     Contd. 

V  White     Contd. 
Hardin  vs  Hawkins     Contd. 

Wm.  Hardin  vs  Glen     Abates  Defd.  Dead. 
Spears  vs  Crawford     Abates  by  Defd.  Death. 

V  R.  McMachen.     Contd. 
Wickweze,  Ass.  v  Harrison     Contd. 
Prather  vs  Beaty     Contd. 

Wells  vs  Brown     Contd. 
Blackburn  Ass.  vs  Peake     Contd. 
Hrashers  vs  Swearengen     Contd. 


Minutes  of  Count  of  Yohogania  County.  283 

Vallandingham  vs  Chiswell     Contd. 
Chambers  vs  Amberson     Contd. 
Conrod  vs  Carter     Contd. 
Vannatree  vs  Kinkaid     Dis  Contd. 
Heair  vs  McConnell.     Contd. 
Pentecost  vs  Trader     Discontd. 
Wood  vs  Griffith     Contd 
(loo)*      Miseley  vs  Housesenger     Contd. 
Mitchell  vs  Scott.     Contd. 
Rogers  vs  Proctor     Contd. 
Avery  vs  Brown     Contd. 
Clinton  &  Noble  vs  Brashers     Contd. 
Baker  vs  Harges.     Contd. 
Wagler  vs  Warner     Contd. 
McGrue  vs  Mr.Connell     Contd. 

vs  Phelps.     Contd 
Glenn  vs  Henton.     Abated.     Plantiff  Dead. 
Holliday  vs  Belleywiss.     Con. 
Boley  vs  Ross.     Contd. 

vs  the  same     Contd. 
vs  the  same     Contd 
Boiiseman  vs  Douseman     Contd. 
V  the  same     Contd. 
v  McLean     Contd. 
Kuykindall  vs  Dunn     Contd. 
vs  Hawkins 
v  Roberts 

V  Smith 

V  Vannatree 
McMahan  v  Irwin     Contd 
McKendless  v  McCornish.      Contd 
Taylor  vs  Irwin     Contd. 
Deining  vs  Lane     Contd. 
Moor  vs  Richman     Contd. 
Smallman  vs  Slover     Contd 
Deck  vs  Swearengen     Continued. 
Vergin  v  Moore     Contd. 
Barker  vs  Jourden     Contd 
Waller  vs  Meeks     Contd 


*  Contd. 


284  Annals  of  the  Carnegik  Museum. 


Abates  by 
Plat. 


Cresip  vs  Bowling 

vs  Wright 

vs  Hedges 

vs  Hanks  Death. 

vs  Reasoner  , 
Armstrong  vs  Rammage     Contd. 
Reasoner  vs  Heckman.     Abates.  Def.  Dead. 
Bedford  Ass.  vs  Hill     Contd. 
Wilcox  vs  Creghead     Contd 
Barrackman  vs  Shousely.     Contd. 
Bealle  vs  Shawon     Contd. 
Keller  vs  Jones.     Contd. 
(loi)        Reasoner  vs  Shearer     Contd. 
Brent  vs  Beeler.     Contd. 
Ramsey  vs  Chambers     Contd. 

V  the  same     Contd. 
Stephens  vs  Berwick     Contd. 
Heath  vs  Farrer     Contd. 
Perkie  vs  Colloway     Contd. 
Cresip  vs  Shearer     Contd 
Hughes  vs  Thomas     Contd. 
Stephens  vs  Shilling     Contd 
Dye  vs  Dye     Contd. 
Downer  vs  Teegarden     Contd. 
Thomas  vs  Lee     Contd. 
Swagler  vs  Mills.     Abates  by  Defd's.  Death. 
Virgin  vs  Carr.      Abates  by  Defd's.  Death. 
Wilson  vs  Cockran.     Contd. 
Mills  vs  Hunter.      Abates  by  Plant.  Death. 
Brounfield  vs  Cox.      Contd. 
Bond  vs  Long.     Contd. 
Tygert  vs  Dunnaughagain.      Contd. 
Col  well  vs  Brous'er.     Contd. 
Sumrall  vs.  the  same.      Contd. 
Shearer  vs  Miller     Contd. 
Baker  vs  Hendericks.      Contd. 
Whitaker  vs  Dickson     Contd. 
Wills  vs  Raredin     Contd. 
Whitzle  vs  Shearer     Contd. 


Minutes  of  Court  of  Yohogania  County.  285 

Stevens  vs  Stout.     Contd. 
Gallehan  vs  Dowling.     Contd. 
McMuUen  &  ux  vs  Dixerson     Contd. 
Jas.  McMullen  vs  the  same     Contd. 
Moore  vs  Virgin     Contd. 

vs  Jer.  [?]  Virgin     Contd. 
Dodd  vs  Virgin     Ctd. 

vs  Virgin.     Contd. 
Bayars  vs  Philips     Contd. 
Campbell  vs  Brounfield     Contd. 
(102)       Harrison  vs  Corn     Contd. 
Warvill  vs  Parmour     Contd. 
Jones  vs  Clark     Contd. 
Phelps  vs  Mf.Grue     Contd. 
Simmings  vs  Daughan     Contd. 
Small  vs  Gray     Contd. 
McMichael  vs  P'rench     Contd. 
Pursell  vs  Gibson.     Contd. 
Railouson  vs  St  Clair.     Abates  by  Plantif  Death. 
Couswell  vs  Dunn.     Contd. 
Barr  vs  Clerk     Contd. 
Halfpenny  vs  Wetzel.     Contd. 
Hill  vs  Corn 

vs  The  same 
Thomas  vs  Merchant     Contd. 
Farree  vs  Kincaid.     Abates  by  Plaintiff's  Death. 
Park  vs  Cockron     Contd. 
Ireland  vs  Wilson.     Contd. 
Collings  vs  Brody     Contd. 
Black  vs  Dunleavey     Contd. 
Vaughan  vs  McMahan     Contd. 
Stephenson  vs  Roads     Contd 
Tedball  vs  Stoner     Contd. 
Anderson  vs  Denney     Contd. 
Stephenson  vs  Barnett     Contd. 
M.lClellan  vs  (}ray     Contd. 
Schely  vs  Smith.     Contd. 
Young  vs  Jackman     Contd. 
Linn  vs  Tilton.     Contd. 


[  Abates  by  Defds.  Death. 


I  Contd 


286  Annals  of  the  Carnegie  Museum. 

Martin  vs  Johnston     Contd. 

Chambers  vs  McLean     Contd. 

Jones  vs  St.  Clair.     Abates  by  PI.  Death. 

Reese  vs  Haymaker     Contd. 

Altman  vs  Hanna  &  Irwin     Contd. 

Cox  vs  Decker     Contd. 

Furgurson  vs  Carrol     Contd. 

Martin  vs  Glass     Contd. 

V  Hamelton     Contd. 
Black  vs  Chamberlain     Contd. 
Mordecai  vs  Bond 

V  Knight 
(103).      Black  vs  Jolley     Contd 

V  Hanna.     Contd. 
Deed  poll  from  Daniel  Cassity  to  Lettis  Griffith  was  proved 
by  the  oaths  of  Rich'd.  Yeates  and  Daniel  Curry  two  of  the 
Subscribing  witnesses  and  Ordered  to  be  recorded. 

George  McCormick  Gent,  named  in  the  Commission  of  the 
Piece  and  Commission  of  Oyer  and  Terminer  sworn  to  said 
Commissions. 

Tygert  vs  Burns     wontd. 

V  JefTeress     Contd. 
Vaughan  vs  Elson     Agreed. 
Winebiddle  vs  French     Contd. 
Yough  vs  McCuUough.     Contd. 

Grater  vs  Crawford.     Abates  by  Defds.  Death. 
Swigert  vs  Clemens        ]  Abates  by 

vs  Robertson 

vs  Cox 

vs  Walker 

vs  Lucas 

vs  Scott 

vs  Cox 

vs  Fisher 
Morrison  vs  Ross     Contd. 
Brounfield  vs  Smith     Contd. 
Hunter  vs  Jones.     Contd. 
Caswell  vs  Dunn     C^ontd. 
Wallace  vs  Moredock     Contd. 


^Pl.  Death. 


Minutes  of  Count  of  Yohogania  County. 


287 


>  Contd. 


Faset  vs  Meeks     Contd 
Campbell,  Ass.  vs  Dunn     Contti. 
Ridgley  vs  Linn.     Contd. 
Morecroft  vs  Doling    Contd. 
Fleman  vs  Gibson     Contd. 
Dunfield  vs  Hickman 

vs  Russell 
V  Ross 

vs  Lindsey 

vs  Fositt 

vs  Peershover 
Steel  vs  Johnston     Contd. 
V  the  same     Contd. 
Downer  vs  Morrison     Contd. 
(104)       Woods  vs  McGlaughlin     Contd. 
Styger  vs  Smith     Contd. 
Elliott  &  ux.  vs  Martin.     Contd. 
vs  CoUings     Contd. 
Lynch,  Infd.  vs  Laughlin     Contd. 
Semple  vs  Ferns,  &c.     Contd. 
Williamson,  Ass.  v  Mills.     Abates  by  Pf.  Death. 
Gray  vs  Harrison     Contd. 
Croghan  v  Bow  ley 

V  McCollister 

V  Bouseman 

V  McKee 

V  Kuyendall.' 

V  Ritchman 

V  Whi taker 

V  Whi  taker 

V  Whitaker 

V  Kuyendall 

V  Frederick 

V  Rowleter 

V  Maclean 

V  Bouseman 

V  Grimes 

V  Mf.Grue 

V  Trupe 


288 


Annals  of  the  Carnegie  Museum. 


.  Contd. 


J 


V  Switzwiks 

V  Meeks    ' 
vs  Mf.Manemy 

V  Druming 

V  Campbell 

V  Myers 

V  Gibson 

V  Weddle  Sen. 

V  Beard. 

V  Mitchell 

V  Miller 

V  Ornsby 

V  Renno 

V  Elliott 

V  Price 

V  Lowden 

V  St.  Clair 

V  R.  Lowden. 
(105)       George  Croghan  v  William  Ramage. 

V  Henry.     Contd. 

V  McCartney 

V  Thompson. 

V  Ross. 

V  Ross. 

V  Whitzle. 

V  Hunter 

V  Gibson. 

V  Grant 

V  Springer 

V  Conner 

V  Keezer 

V  Roy  all 

V  Davidson 

V  El  rod 

V  MrConnell 
Sinkler  vs  Labatt.      Contd 
Ornsby  v  Bouseman.      Contd. 
Miller  vs  Humble     Contd. 
Clerk  vs  Tibott.     Contd 


Contd. 


Continued. 


Minutes  of  Court  of  Yohogania  County 


289 


>-  Abates  by  Pit.  Death. 


} 

i 


Contd. 


Eagle  vs  Adams     Contd. 
Whitaker  vs  Dickson     Contd. 
Gertv  vs  Hanna.     Contd. 
Gaughagain  vs  Smith     Contd. 
Enock  vs  Teegarden     Contd. 
Clinton  vs  Mays     Contd. 
Hawkins  vs  Humble     Contd. 
Nicholass  vs  Swissicks     Contd. 
Swigert  vs  Hatfield 

vs  Case 

vs  Erskins 

v  Smith 

v  the  same 

v  Daviss 

v  Sills 

vs  Crosby 
Fife  vs  Holliday 

V  Fife 

V  Churchell 
(io6)       Fife  V  Fife     Contd. 

Hitev  Morgan     Contd 

V  White     Contd. 

V  Evins.     Contd. 

V  Mynett.     Contd. 

V  Tearabaugh     Contd. 

V  the  same     Contd. 

Hitev  McCabe  ^z.     Abates  by  Plat.  Death. 
Bruin  v  Fife 

V  the  s  me 

V  W.  Fife 

V  the  same 
Deal  ton  v  (iruver 

V  Matthias  Stoner    ) 
Hales  v  Roach    Contd. 
Morgan    v    Nicholas 

V  Bond 
vs  Chamberlain 

V  Beavers 
Morgan  v  Wyer  ) 

V  the  same      ^ 


Contd. 


1 


Contd. 


Contd. 


Contd. 


290  Annals  of  the  Carnegie  Museum. 


I 


Kuykendall  vs  Pearceful 

V  Pancake       [    Contd. 

V  Douthard    J 
Williams  v  Vannatree 


I-  Contd. 


Contd. 

V  Crow 

Price  V  Linn         \ 

V  Weddle     [     Contd. 

V  Hanks      j 
Gray  V  Peters     )    ^^^^^ 

V  Patten    ) 
Tygert  vs  Donnavan 

V  Craven 

V  Vanatree 

V  Craven 

V  Oglin 
St.  Clair  vs  Sill     Cont. 

V  Reuboarn.     Abates  by  Def.  Death. 
(107)       M?.Cullogh  vs  McCormick     Continued. 

V  Douthard.     Contd. 
Elliott  vs  Gerty     Contd. 

vs  Brown.     Abates  by  Deft.  Death. 
Jones  vs  Wilson.     Abates  by  Parties  Death. 
Hawkins  v  Bell 

V  the  same 

V  the  same      }  Contd. 

V  Gray 

V  Perkerson  J 
Semple  v  E.  Thompson     Contd. 

Crisep,  Ass.  v  Dunfield.      Ab.  by  Pi's.  Death. 

Mic'l.  Crisep  vs  Elliott  )   ,,      ,     t^i    t^    .u 

r,.     ,      [  Abs.  by  PI.  Death. 
V  1 aylor ) 

Robertson  vs  Crow     Contd. 

Shilling  vs  Newkirk     Contd. 

Rogers  vs  Williams     \ 

vs  Parr  >  Contd. 

V  Tumbleson  3 

Zane  v  Hawkins    )  ^, 

^         .       i  C  ontd. 

V  Drenning  ) 

Zane,  Ass.  v.  Holdman     Contd. 


Minutes  of  Court  of  Yohogania  County.  291 

Castleman  vs  Taboe     Contd. 
Elliott  Adm.  vs  Harges     Contd. 
McMuUin  vs  Dickerson     Contd. 
Ross,  Ass.  v  Clenian     Contd. 
Atkenson  v  Mairs     Discontd. 
Daviss  V  Dunn.     Contd. 
Lyon  V  Dunkan     Contd. 
Heizer  vs  Bruce     Contd. 
Glaswell  vs  Kizeer     Contd. 
McGlaughlin  vs  Young     Contd. 
Anderson  vs  Reese     Contd. 
Dunleavy,  Ass.  vs  Frerell     Contd. 
Ham m on  v  Teegarden     Contd. 
Armstrong  vs  Oharra     Contd. 
Thomas,  Ass.  vs  Stark     Contd. 
(io8)       Ward  vs  Springsteen     Contd. 

vs  the  same.     Contd. 

V  Labatt.     Dismiss,  by  Plantiff. 
Jones  vs  Evins.     Contd. 

V  the  same 

V  M?.Goldricklcontd. 

V  the  same 

Ogle  V  Wilson.     Contd. 

V  the  same.     Contd. 
Labatt  v  Ram  mage     Contd. 

V  Aston.     Abates  by  Plfs.  Death. 

Hamelton  v  Aston     Abs.  Plfs.  Death. 

Hamelton  v  Goe     Contd. 

Cleldenery  vs  Logan     Contd. 

Nevill,  Ass.  vs  HoUiday.     Contd. 

N.  Nezer  vs  Davidson     Contd. 

Kelso  vs  Pigget     Contd. 

Allison  V  Lyon      )  _ 

^  ^  Contd. 

V  Duglass  J 

Hilderbrand  vs  Hawkinsl 

Ass.  V  Hanks      I  Contd. 
the  same  I 
Wallace  vs  Briscoe     Contd. 

V  the  same     Contd. 


292  Annals  of  the  Carnegie  Museum. 

Swearengen  vs  Spencer     Contd. 
V  the  same     Contd. 
Smith  vs  Smallman     Contd. 

V  Sly,  &  u.     Contd 
Martin  v  Elliott     Contd 
Brasher  vs  Cossick     Contd 
Jones  vs  Ormsback.     Contd. 
Waferds  Exr.  vs  Cox  &c.     Contd. 
Heath  vs  Parks.     Contd. 
Hawkins  vs  McCarty     Contd. 
Rootes  vs  Coock.     Contd. 
Spencer  vs  Swearingen     Contd 
Brent  vs  Jones 

Colwell,  Ass.  vs  I.inn     Contd. 

(109)       Kid V  McConnel.     Contd 

Theobald  v  Martin.     Abs.  by  P.  Death. 
Lynch  vs  Jones     Contd. 

V  Berwick     Contd. 
Mitchell  V  Zane,     Contd. 
Drening  vs  Boys     Contd. 
Braden  v  Elliott     Contd 
Johnston  v  Stell     Contd. 
Crooks  vs  Hilderbrand     Contd. 
Holliday,  Ass.  vs  Wortherington     Contd. 
Hamelton  vs  Martin.      Con. 

Berwick  v  Atkinson     Contd 

Gilfillin,  Ass.  v  Tygert     Contd 

McQuitly  vs  Gray.      Contd 

M^.Collister  vs  Scott.      Contd 

l^owler  vs  Tygert     Contd 

Robertson  vs  McCioldrick     ('ontd. 

M'Elroy  vs  McMachen     Contd 

Atkinson  vs  White     Contd. 

Diinlcavy  vs  Russell.      Dismsd.  by  PlantifT. 

Schley  vs  Smith.      Contd. 

Ferrell,  Ass.  vs  Carr  c\:c.      Al)s.  bv  D.  Death. 

I  Vice  vs  Crawford.      Contd. 

Wheat  vs  Kermicheall     Contd. 

Scott  vs  Vallandingham     Contd. 


Minutes  of  Court  of  Yohogania  County.  293 

Campbell  vs  Hanks.     Contd. 
Holliday  vs  Scott  &  ux     Contd. 
M.^Carty  vs  Craighead     Contd. 
Lyons  vs  Hamblebeerer     Contd. 
Frazier  vs  Chambers     Contd. 
Miller  vs  Hill     Contd. 
Kearns  vs  McQuing     Contd. 
Boyce  v  Thomas     Contd. 
Wright  vs  Springston     Contd. 
Davidson  vs  Hanks     Contd. 
Wothwall  V  Dristnell     Contd. 
(no)       Clark  vs  Hawkins     Contd. 

Smith  &  Duglass  vs  Girty.     Contd. 

Dillo  vs  Perky*  Contd. 

McManamy  v  Oharra     Contd. 

Beckman  v  Scott.     C'ontd. 

Ferrell  v  Daugherty.     Contd. 

Tharp  v  Collings.     Contd. 

Armstrong  vs  Oharra     C-ontd. 

Bouseman  v  Ornsby.     C'ontd. 

Thomas  vs  Elliott  Adm.     Contd. 

Christie  V  White.     Contd. 

Richards  v  Aston.     Abates  by  L).  Death. 

Brinkers  Exr.  vs  Hardin  Adm.     Contd. 

Daviss  &  Co.'y.  vs.  Young.     Contd. 

Elevy  vs  Dunn     Contd. 

Lyons  vs  Downes.     C^ontd 

Mitchell  vs.  Wade     Contd. 

Willson  vs  McGinniss     Contd 

Downard  vs  Vaughan.     Abates  Defend.  Dead. 

Coleman  vs  Gauze.     Contd. 

W^allias  v.  Meek.      Discontd. 

Johnston  v  Stephens     C'ontd. 

Wilson  vs  Hannon     Contd 

Mitchell  vs  Zane     Contd 

Williams  vs  Presser     Contd 

Kurtz  v  lones     Contd. 


294  Annals  of  the  Carnegie  Museum. 

Croghan  vs  Henry      ] 

V  Springer!      ^^^^^ 

V  Ross  I 

V  Powell     J 
Hite  vs  Dodson     Contd 
Thompson  vs  Williams     Contd. 

JS^ew  Petitions 

Sells  vs  Irwin.     Contd. 

Campbell  vs  McKay.     Abs.  by  Defds.  Death. 

Shilling  V  Blackman.     Contd.* 

V  Delaney     Do. 
Roach  V  Shaner     Do 
Christie,  Ass.  v  Irwin.     Do. 

V  Jackman     Do. 
Hite  V  Cox.  Abates  by  Plant.  Death. 
Bell  vs  Huston.     Discontd. 
Parker,  Ass.  vs  Daviss     Contd. 
Whitzle,  Ass.  vs  Ryebolt.     Contd. 
Stone  vs  Crawford  Extr.      Do. 
Wood  vs  Griffith     Con. 
Hamilton  v  Hawkins.      Do. 
Seman  v  Miller  &c.     Do. 

v  the  same     Do. 
Cook  V  Berwick 
v  Heartt 

V  Johnston    r  Contd. 

V  Dobbins 

V  Barker 
Vannatree  vs  Pelton  &c     Contd. 
M.^Kenzey  vs  Semple     Cent. 
Ryan  v  Clerk     Do. 
McDonald  v  Grimes     Do. 
Deale  vs  Grove     Do. 
Tennell,  Ass.  vs  Marshall     — 
Colvin  vs  Ryley     Contd. 
Wells  vs  Johnston.     Contd 
Redford,  Ass.  vs.  Hill      Do. 
Ryan  vs  Caswell     Do. 


>Contd. 


Minutes  of  Court  of  Yohogania  County.  295 

V  Shaner     Do. 
Brent  v  Teegarden     Do. 
Owry  vs  Fisher     Do. 

V  Miller     Do. 

V  Maurer     Do. 
(112)       Farree  v  Duck     Contd. 

V  Sinnett.  Contd 
Pigman  v  Seaton  Contd 
Stebbs  V  Templeton     Do. 

V  Daviss     Do. 

V  Accord     Do. 

V  Carter     Do. 

V  Edwd.  Doolin     Do. 
Caswell,  Ass.  v  Girty. 

V  the  same 

V  the  same 

V  the  same 
Caswell  V  Scott.  Contd 
Clinton  vs  Cuningham     Contd 

V  Donne     Do. 
Weckw^ire  v  Downer     Do. 
Holliday  v  Jones     Do. 

V  the  same     Do. 

V  the  same     Do 
Wells  V  Zane     Do. 
Hawkins  v  Bodkin     Do. 
Watson  V  Kuyendall     Do. 
Hawkins  v  Coffee     Do. 
Little  vs  Brounfield     Do 
Virgin  vs  Colvin     Do. 
Paul  vs  West     Do. 
Day  vs  Christie.      Do. 
Taylor  vs  Byerly.      Do. 
Humble  vs  Clerk     Do. 

V  Burns     Do. 
Devoir  vs  Scott     Do. 
Jones  V  McDowell     Do. 
Fowler  v  Brown     Do. 
Wall  vs  Doolin     Do 


296  Annals  of  the  Carnegie  Museum. 

Waddle,  Ass.  v  Arle     Do. 
Farree  vs  McCatney     Do. 

V  Carrell     Do. 

V  Macken     Do. 
(113)       Frederick  Farree,  Ass.  v  Kinkaid     Contd. 

Brent  vs  Simpson     Contd. 

Cresip  v  Col  well     Abs.  by  Plaf.  Death. 

V  Philips     Do. 
Swigert  v  Sinkman  [?] 

V  Corree 

V  Beeler  !•  Abates  by  Plan.  Death. 

V  Myers 

V  Myers 
M^'.Clelan  vs  Small     Contd. 

V  the  same     Do. 
Daviss,  Ass.  vs.  Downer     Do. 
Devoir  v  Warner     Do. 

V  Hanks     Do. 
Decks  V  Groggs     Do. 
Harden  Ju.  v  Kinkaid     Do. 
Miller,  Ass.  v  Custard     Do. 
Ryan  vs  Ross     Do. 
Tennal,  Ass.  v.  Marshall     Do. 
Maxwell  vs  Ashcroft     Do. 
Killay  v  Cox     Do. 
Walls  V  Zane     Do. 
Kiiykendall  v  Dunn     Do. 
Cuningham  v  Bruce      Do. 
Jollery  v  Barker     Contd. 
Moore  v  Churchell     Do. 
Schane,  Ass.  v  Stephens     Do. 
Jackson  v  Clerk     Do. 
Bowley  v  Swigert     Do. 

V  Russell     Do. 
McGrue  v  Ward.     Do. 
Morrison  v  Armstrong     Do. 
Gather  v  Swearingen     Do. 
Ross  V  Dunfield.      Do. 
lacobs  v  Brasheers     Do 


Minutes  of  Court  of  Yohogania  County.  29' 

Lennett  v  Aston.     Abates  by  D.  Death. 
Dean  v  Mf.Namay     Do. 
Loughlin  v  the  same     Do. 

(114)  Rowleter  V  Labatt     Contd. 
Steel  V  Moncck     Do. 
Jackson  v  Clerk     Do. 
Hall  V  Redman     Do. 
Mordecai  v  Kuykendall     Do. 

Decmp  V  Freshwater.     Abates  by  PI.  Death. 

Thomas  v  Lambert.     Contd. 

M?.Collister  v  Black     Do. 

Savage  v  Teegarden     Do. 

Finn  v  Williams     Do. 

Adams  v  Horn     Do. 

Lain  v  Peyton     Do. 

Walliace  v  Meek.     Disctd. 

House  V  Mayhon     Contd. 

Virgin  v  Moore     Do. 

CoUings  V  Dolton     Do. 

Ass.  V  Clerk     Do. 

Adams  vs  Huston     Do. 

Cleldening  vs  Caarmichell     Do. 

Hanthorn,  Ass.  v  Martin     Do. 

Semple  v  Owery     Do. 

Hamelton  v  Hawkins     Do. 

Rouse  vs  [?]      Do. 

Crawford  v  Aston.     Abates  by  D.  Death. 

Johnston  v  Watson     Contd. 

Morgan  v  Wheeler     Do. 

Steel  V  Thomas     Do. 

Ewalt  V  Ross     Do. 

Daugherty  v  Aston.     Abates  by  Def.  Death. 

McGloughen  vs  Irwin     Contd. 

Pearce  vs  Cherry     Do. 

Semple  v  Carrell     Do. 

Moore  v  Ritchnin     Do. 

Daugherty  v  Blacke     Do. 

Devoir  v  Tygert.     Do. 

(115)  Tygert  v  Lindsey     Contd. 


298 


Annals  of  the  Carnegie  Museum. 


V  the  same     Contd. 

V  the  same     Do. 
Stewart  v  Scott.     Do. 

Theobald  v  McCoy.     Abates  by  Partys  Death 
Holliday  v  Zane.     Contd. 

V  Wortherington     Contd. 
Simmon  &  Campbell  v  Gaughagain     Contd. 
Kuykendall  v  Kuykendall     Do. 

V  Holliday     Do. 

V  Heath     Do. 

V  McGuire     Do. 

V  Hogland     Do. 
Vallandingham  v  Springer 

V  Clemans 

V  Meeks 

V  Hartley 

V  Lindsey 

V  D.  Lindsey 
Farree  v  Linn,  Sen.     Do. 
Downard  v  Parr.     Abates  by  Defds.  Death. 
Maxwell  v  Thompson     Contd. 
Reed  v  Clerk     Do. 
Dealton  v  Shannon     Do. 
Clinton  &  Noble  v  Dooland     Do. 


> 


Contd. 


(ii6) 


N'na  Petitions. 

Smallman  v  McDorend  1 

I 

V  Gaunseley    *-      Contd. 

V  Scott 
Swigert  v  Higinbottom 

V  Newland 

V  Scott 

V  Pelegon 

V  Cox 

V  Castle  I 
Daiigherthey  v  White       1 

V  Philip 

V  Brownfield  I      Contd, 

V  Bailey 
Ass'ee.  v  McGinn 


Abates  by 
PI.  Death. 


Minutes  of  Court  ok  Yohogania  Counjy.  299 

Ross  vs  Swift     Do. 

V  Black     Contd. 
McClure  v  Lynch       1 

V  White        [  Contd. 

V  McCarty  J 
Hawkins  v  Labatt     Cont. 

Bruce  v  Aston.     Abates  by  D.  Death. 
Clerk,  Ass.  v  Downer.     Contd. 
Irelawin  v  Ferree     Do. 
Holms  V  Huston     Do. 
Lynch,  Ass.  v  Ornsbey.      Do. 
Anderson  v  Girty.     Do. 
Finn  v  Williams     Do. 
Kendall  v  Broun  field     Do. 
Parr  v  Korn     Do. 
Garrey  v  McCoUogh     Do. 
McCullum  V  Edwards     Do. 
Christie  v  Alexander.      Do. 
Spear  v  McDoran     Do. 
Fitzgerreled  v  Ryley     Do. 

(117)  A  Commission  from  his  Ex.  the  Gov.  appointing  Matthew 
Ritchie  Sheriff  of  this  County  was  read,  Whereupon  the  said 
Matthew  Ritchie  Informed  the  Court  that  he  had  Taken  every 
Method  in  his  Power  to  Procure  deputys  to  assist  him  in  the 
Exn.  of  his  Office,  but  from  the  present  State  of  the  fees,  To- 
gether with  the  Contested  Boundry  of  the  County,  and  the 
small  Emoluments  Arising  to  the  Sheriff  of  this  County,  al- 
though he  has  offered  the  whole  to  any  Person  who  would  act 
as  Deputy,  he  has  not  been  able  to  procure  one,  and  Therefore 
refused  to  Act  or  Qualify  into  his  Comm.  Whereupon  Geo. 
McCormick  Gent,  is  recommend  to  his  Excellency  as  a 
proper  Person  to  Serve  as  Sheriff  of  this  C'ounty.  Ordered 
that  the  Clerk  Transmit  a  Copy  of  this  Recommendation  to  his 
Exc.  as  soon  as  Posible,  with  an  Apolighy  for  the  frequent 
application  the  Court  are  under  the  Disagreable  Necessity  of 
Making  for  Sheriffs  Commissions,  and  also  inform  his  Exc.  that 
a  Commission  appointing  the  said  Geo.  M:\Corm.  Sheriff,  was 
issued  some  Time  ago,  but  the  said  M?.Cormick  was  then  an 


300  Annals  of  the  Carne(;ie  Museum. 

Officer  in  the  Continental  Service,  and  Contrary  to  his  Expec- 
tation the  Genl.  would  not  at  that  Time  Suffer  him  to  resign, 
and  consequently  could  not  Serve,  but  Since  has  been  permitted 
to  resign  and  is  now  clear  of  the  Army,  and  now  assures  the  Court 
that  he  will  Except  of  the  Office  and  have  the  Duty  Done. 

Geo.  McCormick  Gent,  is  appointed  Sheriff  for  one  Month. 
Entered  into  Bond,  Sworn  accordingly. 
(iiS)       Ordered  that  the  Sheriff  pay  out  of  the  Depositum  in  his 
hands  in  the  State  of  the  County  Levy,  the  following  sums. 

To  W™  Nemmons  as  pr.  Genl.   [?]  ;£6.i2 

To.  for  Express  6.   o 

To  the  Sheriff  for  three  Called  Courts.  600  lbs.  Tob'o.   3. 15 

To  Executing  a  Negro  man  belong'g.  to  J.  DeComp      i.    7.6. 

Ordered  that  the  Clerk  send  the  recommendation  of  the 
Sheriff  to  the  Governour  by  Express  for  the  said  Sheriffs  Com- 
mission for  which  he  shall  be  allowed  Eighteen  pounds. 

Deed  poll  William  Price  to  Andrew  Robetson  was  acknowl- 
edged by  the  said  Price  party  thereto,  and  ordered  to  be  recorded. 

Two  Deed  polls  Christopher  McDonald  to  Robert  M'^Gee 
was  acknowledged  by  the  said  Christopher  party  thereto  and 
Ordered  to  be  Recorded. 

George  McCormick  Gent,  high  Sheriff  come  into  Court  and 
protested  against  the  Insufficiency  of  the  Goal  to  Secure 
Prisoners. 

Thomas  Applegate  is  Appointed  Surveyor  of  the  Road  from 
his  House  to  William  Andersons  on  the  Monaungohela,  and 
that  the  Inhabitents  within  three  miles  on  Each  side  of  said 
Road,  work  on,  Cut  open  and  keep  said  road  in  repair. 

Ordered  that  Court  be  adjoorned  to  Court  in  Course. 

Edwd.   Ward. 

(119)  At  a  Court  continued  and  held  for  Yohogania  County,  the 
25  Jany.  1779. 

Present  Benja.  Kuykendall,  Saml.  Newell,  Joshua  Wright, 
Oliver  Miller,  Gent.  Justices. 

Ralph  Bowker  took  the  Oath  of  a  Deputy  Clerk  for  the 
County  of  Yohogania. 

George  McCormick  Gent,  took  the  Oath  of  High  ShtT.  for 
the  space  of  one  month. 


Minutes  of  Court  of  Yohogania  County.  301 

Hugh  Sterling  a  Deputy  Shff.  for  the  space  of  one  month  for 
the  County  of  Yohogania  came  into  Court  and  made  Affirma- 
tion according  to  Law. 

Paul  Mathews  came  into  Court  &  took  the  Oath  of  a  Goaler 
according  to  Law  for  one  month. 

Ordered  that  this  Court  be  adjourned  till  Court  in  Course. 

Benja.  Kuykendall. 

(i2oj       At  a   Court  Continued  and   held  for  Yohogania  County, 
March  22nd.  1779. 

Present,  Joshua  Wright,  Benjaman  Kuykindall,  Oliver  Miller, 
Joseph  Beckett,  &  Joseph  Beeler,  Gentlemen  Justices. 

Deed  Poll  George  McCormick  to  Henry  Renkin  &  Alex. 
McBride,  also  the  Rec't.  thereunto  annexed  was  acknowledged 
by  the  said  McCormick  a  party  thereto,  and  O.  R. 

Saml.  Irwin  Swore  in  Attorney. 

Inventory  of  the  Estate  of  John  McClery  deceased  returned. 
Ordered  to  be  Recorded. 

The  last  Will  &  Testament  of  James  Devoir  deed,  was  proved 
by  Nicholas  Depugh  Tobias  Decker  &  Daniel  Depugh  Jun. 
Witnesses  thereto,  &  O.  R. 

John  Devoir  Sworn  Ex.  of  the  last  Will  &  Testament  of 
James  Devoir,  deed. 

Ordered  that  Nicholas  Depugh,  Daniel  Depugh,  Jonh  Decker 
&  John  Crow  or  any  three  of  them  being  first  Sworn  do  ap- 
praise the  Est.  of  Jas.  Devoir,  &  make  return  to  next  Court. 

Deed  Poll.  Danl.  Deshay  to  John  Miller  proved  by  Nichs. 
Depugh  Danl.  Depugh  &  Tobias  Decker  Witnesses  &  O.  R. 

Deed  Poll,  Peter  Swath  to  Danl.  Depugh  acknowledged  and 
O.  R. 

The  last  Will  &  Testament  of  Cathr-  Lamb  proved  by  Peter 
Swath  &  Henry  Devoir  two  of  the  Witnesses  thereto  &  O.  R. 
Peter  Black,  John  Devoir,  John  Lyda  &  Michael  Myers  ap- 
pointed to  appraise  sd.  Est.  and  make  a  return  thereof  to  next 
Court. 
(121)  Samuel  Frye  is  appointed  Constable  in  the  room  of  Nichs. 
Depugh. 

Isaac  Vance  v  Danl.  Williams.     Eject. 

Order  for  Survey  &  Jury  of  View. 


302  Annals  of  the  Carnegie  Museum. 

John  Morrison  is  appointed  Constable  in  the  room  of  Benja. 
Vannater. 

Ordered  that  this  Court  be  adjourned  till  7  O'clock  Tomor- 
row morning.  Benja.  Kuykendall. 

Court  met  according  to  adjournmet  March  23rd.  1779. 

Present,  Edward  Ward,  John  Cannon,  Richard  Yeates, 
Joshua  Wright,  Oliver  Miller,  Gentlemen  Justices. 

Deed  Edward  Ward  to  George  Ross  the  Elder,  and  George 
Ross  the  younger  with  the  recept  anaxed  was  acknowledged  by 
the  sd.  Ward.     O.  R. 

Deed  Edward  Ward  to  John  Campbell  was  acknowled  &  O.  R. 

Deed  John  Campbell  Gent,  to  Joseph  Simon  acknowleded. 
O.  R. 

Deed  Joseph  Simon  &  wife  to  John  Campbell  Gent,  proved 
as  Directed  by  Act  of  Assembly  &  O.  R. 
(122)       Deed  Christopher  Miller  to  Joseph  Simon  &  John  Camp- 
bell, proved  according  to  Act  of  Assembly  &  O.  R. 

John  Corbley  Jacob  Vanater  Abraham  Vanmater  Isaac  Dye, 
John   Eastwood,   Abraham  Holt,   John   Holt,    Robert  Tyler, 
having  produced  recommendations  from  the  County  Court  of 
Monongehala  to  pass  unmolested  to  the  Falls  of  Ohio  which 
was  read  and  approved  of. 

Present  Thomas  Smallman  &  Thomas  Freeman  &  William 
Harrison  Gent.  Justices. 

Richd.  Yeates  Gent.  Absent. 

Administration  of  the  Est.  of  John  Murphy  is  granted  to 
Van  Swearengen  he  having  comply' d  with  the  Law. 

Admn.  of  the  Est.  of  Henry  Brindley  is  granted  to  Van 
Swearengen  he  having  complied  with  the  Law. 

Ordered  that  Nathl.  Brown  Isaac  Israels  Thomas  Edgin- 
ton  Nicholas  Vinamon  any  three  of  them  do  appraise  the 
Estates  of  John  Murphy  &  Henry  Brindley,  deed. 

John  Springer  v  Henry  Kearsy. 

Left  to  the  award  of  John  Cannon,  Joshua  Wright  Geo. 
Valandingham,  Gabl.  Cox  &  Jno.  McDonald  Gent. 

Benja.  Kuykendall  Gent  present. 
(123J        Deed   Poll  Valentine  Thomas  Dolton  to  Edwd.  Ward  was 
proved  by  the  oath  of  Thomas  Smallman,  William  Christie,  »!v: 
Jacob  Bouseman  Witness  thereto  and  O.  R. 


Minutes  of  Court  of  Yohogania  County.  303 

Deed  poll  Wm.  Brashers  to  Van  Swearingen  was  acknowl- 
eded  and  O.  R. 

Samuel  Newel  Gent.  Present. 

The  administration  of  the  Estate  of  Thomas  Cook  formaly 
granted  to  Anne  Cook  ordered  to  be  set  aside,  and  that  the 
said  Administration  be  granted  to  the  said  Anne  Cook  and 
Gabriel  Cox  they  having  Complied  with  the  Law. 

Charles  Records  with  Henry  Kearsey  his  Securt.  came  into 
Court  and  entered,  into  Recog.  for  the  Personal  appearance  of 
sd.  Records  at  the  Next  Grand  Jur.  Cour.  held  in  ;^  loo  Each. 

William  Goe.  Gent.  Pt. 

George  Valandingham  Pt. 

Inventory  of  the  Est.  of  Jas.  Loudon  deed.  retd.   &  O.  R. 

Deed  Poll  Wm.  Coventry  to  Jno.  Miller  Ackd.  &  O.  R. 

Adam  Patterson  v  Wm.  Tidball     Benja.  Swat  Spl.  Bl. 

Sale  of  the  Est.  of  Fredk.  Farree  deed.  retd.  and  O.  R. 

Sheshbazzer  Bentley  v  Camp.  Agreed. 

V  Vititoe  ^ 
v  Eglin      ;- 

V  Warren  3      Ordered  that  a  Didimus 
Issue  to  examine  Wit. 

(124)  Spears  v  McMahan.  Ordered  that  a  didimus  Issue  to  take 
deposition  in  sd.  Cause. 

Ordered  that  the  Recommendation  of  George  McCormick  as 
Shff.  be  sent  to  the  Gov.  and  the  Com*n.  brought  up  at  the 
expence  of  the  Co'ty. 

George  McCormick  Sworn  Shff  for  one  Month. 

Benja.  Vanater  and  Jno.  Lamon  sworn  Deputy  Shffs  for  one 
month. 

Wm.  Bennett  appointed  Constable  in  the  room  of  David 
Philips. 

Tobias  Matlocks  appointed  Consta.  in  the  Room  of  Jno. 
Hull. 

John  Dean  &  John  Hoglin  his  Securt' y  held  in  ^100  each 
for  the  sd.  Deans  appr.  at  next  May  Co't. 

Ordered  that  Thos.  Ashbrook  Joseph  Snowden  James  Brad- 
ford &  Thos.  Edginton  or  any  three  of  them  do  view  a  Road 
the  nearest  and  best  way  from  Catfishes  Camp  to  Pentecost's 
Mills  and  make  a  return  to  the  next  Court. 


304  Annals  of  the  Carnegie  Museum. 

Isaac  Walker  and  Gabl.  Walker  his  Secut'y  held  in  ^loo 
each  for  the  appr.  of  the  sd  Isaac  the  next  G.  J.  Ct.  and  that 
Thomas  Townsly  be  committed  to  the  care  of  Gabl.  Walker 
till  May  Court. 

Ordered  that  Moses  Bradley  be  summed  to  appear  at  the 
next  Ct.  to  answer  the  com  pit.  of  Jno.  Golahar  for  not  doing 
his  duty  as  a  Constable. 

Pentecost  v  Lynn.  Ordered  that  a  Didimus  Issue  to 
Examine  Parties  Wit's,  and  that  the  same  be  tried  at  Sept.  Court. 

George  Mf.Cormick  Gent.  Protests  against  the  Sufficiency  of 
the  Goal. 

Deed  Poll  Jno.  Dunn  to  Geo.  Wallace  proved  by  the  Oaths 
of  Joseph  Skelton  &  Hugh  Oharra.  Ord'd.  to  by  for  further 
proof. 
(125)       Ordered  that  Court  be  adjourned  till  tomorrow  morning  8 
O'clock.  Edwd.   Ward. 

Court  met  according  to  adjournment  March  24th.   1779. 

Present  Edwd.    Ward  Wm.   Gowe,    George    Valandigham, 

Richd.    Yeates,    Thomas   Freeman  &    Wm.    Harrson.    Gent. 

Justices. 

Hugh  Ohara     ^  ^ 
^  /  Atta. 

vs 

Peter  Brandon 

Thomas  Smallman  &  Benja  Kuykendall  Gent.  Joshua 
Wright,  Present. 

Brashears  v  Hamelton.  Then  came  a  Jury,  'lowit.  Jos. 
Skelton,  Jacob  Bousman  Saml.  Ewalt  David  Day  Jno.  Houg- 
land  Jas.  Munn  Sheshbazzer  Bentley,  John  Campbell  John 
Farree  James  Burris  William  Colvin  Thomas  Gist,  Verd't.  for 
Pit.  &  Judgt.  £  500. 

The  fine  imposed    upon  Jos.   Noble  for  not  appear' g.   as  a 
Grand  Jury  Man  is  omitted. 
Shuster  v  Lyda     Agreed. 

Deed  Poll  Peter  Brandon  to  Hugh  Oharra  was  proved  by 
the  Oath  of  William  Christie  a  Wit.  Ordered  to  ly  for  fur- 
ther proof 

Ordered  that  the  Allowance  Allo'd  Jane  Armstrong  the  wife 

of  Armstrong  a   Soldier  in   the   Contin.    Service   be 

contd.  to  the  Date  Hereof. 


f  Contd.  at  Def  Costs. 


Minutes  of  Court  of  Yohogama  County.  305 

(126)  Admn.  of  the  Est.  of  the  late  Colo.  White  Eyes  is  granted 
to  Thos.  Smallnian  he  having  complied  with  the  Law. 

Jos.  Skelton  David  Duncan  Wm.  Christie  &  Saml.  Ewalt 
appointed  appraisers  to  said  Est. 

Appraismt.  &  Sale  of  John  Green's  Est.  retd.  &  O.  R. 

Administration  of  the  Est.  of  Benja.  Tate  deed,  is  granted 
to  Jacob  Bousman  he  having  complied  with  the  I^w.  Wm. 
Christie,  Jos.  Skelton  David  Duncan  &  John  Ornsby  appoint'd 
apprais'rs  of  sd.  Est. 

Deed  Poll  Jas.  Burris  to  Hugh  Ohara  acknd,  also  the  Asst 
from  Ohara  to  James  McLeland  &  Wm.  Redick  acknowledged 
&  O.  R. 

Pentecost  v.  Jones  &  Mayes  [?] .  Ordered  that  a  Jury  be 
Summ'd  of  view  attend  upon  the  Land  and  that  the  Survr.  and 
Shff  attend  likewise. 

Oliver  Miller  returns  the  following  fines  : 

Robt.  McCiee  for  Drunkenness  5  S. 

Jno.  Hall  5  S.  Wm.  Brashers  15  S.  George  Sickman  20  S. 
&  James  Bruce  20  S.  for  prophane  Swearing.  Clerk  Rec'd. 
the  Money. 

Ordered  that  the  P'erries  on  the  Monongehala  River  be  al- 
lowed 2"  6  for  a  man  &  the  same  for  a  Horse. 

Ordered  that  Paul  Mathews  be  allowed  75.  5.  10  for  fur- 
nishing Prisoners  &  find*g  Irons  for  Criminals. 

Ord'd  that  Jno.  Ornsby  Esq.  be  appointed  to  keep  a  ferry 
Over  the  River  Monongehala  from  the  Toun  of  Pittsburgh  to 
the  opposite  Shore  and  that  he  be  allowed  2"-  6  for  a  man  & 
the  same  for  a  horse  and  that  he  keep  one  good  Boat  and  Suf- 

(127)  ficient  hands  to  work  her  and  that  he  give  Bond  agreable  to 
Law,  at  the  next  Court. 

Brashers  v  Colvin.     Thos.  Freeman     S.  B. 

John  Hogland  v  Geo.  Riggle  &  Matthew  Loghlin.  Or- 
dered that  Didamus  Issue  for  Examine  of  Witness. 

Ordered  that  Court  adjourn  untill  Tomorrow  Morning  8 
oClock.  Edwi).  Ward. 

Court  met  according  to  adjournment  25  March  1779. 
Present   Richd.    Yeates,   Thos.    Smallman    Joshua   Wright, 
Benja.  Kuykendall,  Thos.  Freeman  Gent.  Justices. 


306  Annals  of  the  Carnegie  Museum. 

Ordered  that  Wm.  Spurgen  Thos.  Cushman  Thos.  Moore 
Zebulun  Hog  be  appointed  to  appraise  the  Est.  of  Danl. 
Greathouse's  deed.  &  make  retn.  to  next  Court. 

Assingmt.  of  two  Deeds  Poll  Jas.  Ellis  to  Saml.  Irwin 
Ackd.  Sz  O.  R. 

(128)  Attachments. 

Patrick  Clerk  v  William  Paxton.      D.  N.  ap. 

Oharra  v  Brandon     Contd.  PI.   Costs. 

Cumings  v  Lindsey     D.  N.  ap. 

Cox  V  Nelson.     Contd. 

Graybill  v  Hall     D.  N.  apl. 

Ritchie  v  Hall     Contd. 

Depugh  V  Hardin     Contd. 

Issues. 
Cox  V  Williams     Contd. 
Lydea  v  Cox     Contd 
Wherry  v  White     Contd 
Miller  v  Humble     Contd. 
Pentecost  v  Jones     C.  O. 
Johnston  v  Swearengen     Contd. 
Brownlee  v  Duglass     Contd 
Shilling  V  Newkirk     Contd. 
Same  v  the  same     Contd. 
Myers  v  Hooper.      Contd. 
Mitchell  V  same     Contd. 
Shilling  V  Fortncr     Contd. 
Hooper  v  (i.  Myers     Contd. 

V  same     Contd.     v  Thos.  &  u\     Contd. 
Fullum  V  Johnston     Contd. 
Springer  v  Kearsey     Contd. 
Spear  v  Jones     Contd 
McCauley  v  Jones     Discon'd.  N.  P. 
Campbell  v  McCoy     Ab.  Dt.  Dead. 
Spear  v  Winemiller     Contd. 
Semple  v  CoUings     Disd.      N.  Apr. 
Colli ngs  V  Semple     D'd.      N.  Apr. 
Houseman  v  McGoldrick     Contd 
Ward  V  Thorn  (.^^c.      Contd 


Minutes  of  Court  of  Yohogania  Counit.  307 

Jones  V  Speers     Dis'd.     N.  Ap. 
Hickman  v  Brownfield     Disc'd. 
Pentecost  v  Linn    Contd. 
Corn  V  Miller     dism'd. 
(129^       Pentecost  v  Briscoe     Contd. 

McGinnis  v  Gibson     discont'd. 

Shilling  V  Taylor     Contd. 

Hawkins,  Ass.  v  Clerk     Contd. 

same  v  Kuykindall,     Contd. 

Malone  v  Thomas,     discontd. 

same,  Admr.  v  Smith,     discontd. 

Eaton  V  Kennon     Contd. 

Same  v  McClellen     Contd. 

Bonce  v  Mordacai     Contd. 

Same  v  the  same     Contd. 

McDonald  v  Scott     discontd. 

Same  v  Cavitt     Do. 

Same  v  Hanna     Do. 

Brawdy,  Ass.  v  French     Contd. 

Grubb  V  Dawling     Contd. 

Vallandingham  v  Tygert     Contd. 

Thomas  v  Hanna  &c.     discontd. 

Same  v  Same     Do. 

Same  v  Caveat     Do. 

Haney  v  McCay.     Abates  by  Defds.     Death. 

Chambers  v  McFarlane  &  iix.     discontd. 

V  Michael  Thorn     Do. 
Ward  V  Thorn  &c.      Contd. 
Woods  V  Gray     disctd. 
Beeler  v  Wells.     Contd. 
Cook  V  Paul  Froman     Contd. 
Same  v  Shilling     Contd. 
Same,  Ass.  v  McClellen     Do. 
McManamy  v  Robertson     Contd. 
Crow  V  Williams     discontd. 
Crow  &  ux  V  Same 
Do  V    Do 

Semple,      McKinzie     Contd. 
Hickman  v  Dunfield    discontd. 


[  discontd. 


308  Annals  of  the  Carnkgie  Museum. 

Wilson  V  Hanna     Do. 
Colvin  V  Frederick     Do. 
Holliday,  Ass.  v  Hawkins     Contd. 
Cressip  v  Dooling     A.P.D. 
Same  v  Peters     Do. 
Same  v  French     Do. 
(130)       Beall  V  Finn  &c.  ^ 

Beall,  3**  Assinee.  v  McMachen   L  Contd. 

Hamelton,  Ass.  v  Dun  field  J 

Harrison  v  Paul     A.D.  D. 

Neavill  v  Gist     Contd. 

Ryley  v  Hanna  discontd. 

Cressip,  Adm.  v  Teagarden     A.P.D. 

Teagarden  v  Hammond     discontd. 

Cresip  v  Swearengen     Contd. 

Felps  V  Semple     Discontd. 

Campbell  v  Beall     Contd. 

Paul  V  Smith  discontd. 

Common  Orders. 
Warshington  v  Pearceall     Contd. 
Vance  v  McNew     Contd 
Colwell  V  Frye  &c.     Impl. 
Henderson  v  Kinkaid     Contd. 
Morrison  v  Vannatree     Contd. 
Same  v  Benjaman  Vannatree.      Contd. 
Bouseman  v  McGoldrick     Contd. 
Froman  v  Dean     Impl. 
White,  Sen.  v  Johnstown     Judgt  W.  E. 
Swigert  v  Murphey     Judgt.  W.  K. 
Brashers,  Adm.  v  Colvin     Plea  No  dem'd.  Contd, 
Same  same  v  Brashers.     Judgt.  W.  E. 
McCullum  V  Brashers,  Adm.      discontd. 
Whitacker  v  Dixon     discontd. 
Croghan  v  McConnell 

V  I^lrod. 

V  Davidson 

V  Royall 

V  Kysor 

V  Connor  K  C'ontd.  Pit. 


Minutes  of  Court  of  Yohociania  County.  309 

V  Grant 

V  Gibson 

V  Hunter 

V  Witzel 

V  Ross 
(  131)        George  Croghan  v  Wm.  Thompson.  ^ 

V  McCartney  >  Contd.  Pit. 

V  Ramage  ) 
Elliott  V  Collins     Contd. 
Ferguson  v  Carroll     discontd. 
Cox  V  Dicker     discontd. 
Duncan  &  Barr  v  Clarke  &c.      discontd. 
Liming  v  Douging     Do. 
Carswell  v  Dunn     Do. 
Croghan  v  Ross        ^ 

V  Springer  v  contd. 

V  Henry      ) 
Wickwire,  Assee.  v  Harrison     discontd. 
Hawkins,  Asse.  v  Hanks     contd. 

V  Zane     contd. 
Deeck,  Assee.  v  Swearengen     discontd. 
Kuykendall  v  Roberts    A.  P.  D. 
HoUadav  v  Bell  &  ux.     discontd. 
Chambers  v  I^mberson     discontd. 
Vallandigham  v  Chriswell     Do. 

Writs  of  Encjuiry. 

Hawkins  v  Wheat     contd. 

Nelson  v  Shilling     contd. 

Shilling  V  Nelson     contd. 

Spivy  V  Beeler     contd. 

Laurence  v  Rogers     discontd. 

Lindsay  v  Long     discontd. 

Kuykendall  v  Ross     A.  P.  D. 

Mch^lroy  v  Templin   1 

,  \  contd. 

V  the  same  J 

Hand  v  Whitaker     contd. 
Armstrong  v  Owens  &  ux.     discontd. 
(132)       Barrackman  v  Mutz     discontd. 
Boley  V  Springer     contd 


310  Annals  of  thk  Carnegie  Museum. 

V  John  Springer    contd. 
Martin  v  Douglas     discontd. 
McClingh  v  Knight    Do. 
Parker  v  Barrackraan     Do. 
Boley  V  Springer     contd. 

Reference. 
Ward  V  Wells     Judgt.  W.  E. 
Briscoe  v  Todd     contd. 
Connell  v  Mounce  &  ux.     contd. 
Reasner  v  Ruth     contd. 
Brown  v  Hamilton     Judgt.  contd. 
Sumrall  &  ux  v  Sum  rail     agreed. 
Boling  V  Morrison     contd. 
Sterling  v  Richards     contd. 
Wells  V  Newell     contd. 
Gist  V  Waller     contd. 

V  Hall     contd. 

V  Boyles     Do. 
Burris  v  Trapman     Do. 
Burriss  v.  Johnston  &  ux.      Do. 
Dunaughagan  v  Gray     Judgt.  Exn.  Issued. 
Shilling  V  Collins     agreed. 

Schley  v  McKindley     contd. 
Braden  v  Vannater     contd. 
Cox  V  Davis  ^:  ux     Judgt.  W.  K. 
Richards  v  Ross     contd. 
Fullum  V  Johnston     N.  (i.  w.  leave  \'  I'd. 
(  133)        Benjamin  Fullum  v  Johnston  «S:  ux 

V  McComish 
Andrew  v  Johnston  c^^  x. 

V  the  same 
Brownfield  v  Ross     contd. 
Holmes  v  Dunn     agreed. 
Custard  v  Long     contd. 
Vance  v  Williams     Judgt.  cV  \V.  K. 
Swassicks  v  Jones     contd. 
Decker  v  Ruth     N.  G.  .V  I'd. 
Pearse  v  I'Lvans     contd. 
Murphy  v  Richards     contd. 


X.  G.  w.  Leave  cV  I'd 


Minutes  of  Court  of  Yohogania  County.  311 

Hayes  v  Deale     contd. 
Bruce  v  Pelton     discontd.   Pit. 
Ewalt  V  McCollister     contd. 
Hougland  v  Riggle     agreed. 

V  Loughlin     contd. 
Swissicks  V  Swissicks     contd. 
Newkirk  v  Shilling     contd. 
McFarlane  v  Beeler     contd. 
Andrew  v  Johnston     contd. 
Mathews  v  Marshall  &  ux.     contd. 
Howe  V  Genoway  &  ux.     discontd. 
Cox  V  Britsman      contd. 
Vannater  v  Bradon     contd. 
V  Parkerson     Do. 
Vanater  v  Kuykendall     Dis  Contd. 
Burris  v  Williams     Contd. 
Jones  V  McDonald     Do. 
Dawson  v  Kirkpatrick     Do. 
Hall  V  Wells  &  x.     Do. 
(134)       Grimes  V  Logan     contd. 
Beeler  v  Walker     Do. 
Woods  V  McKee     Do. 
Morrison  v  Surgart     Do. 
Froman  v  Boyce     Condition  perfd.  &  Contd. 
Deale  v  Hayes     Contd. 
Crookes  v  Hougland     Contd. 
Patterson  v  McCornish     Discontd. 
Ralston  v  Lowry     Judgt.  W.  E. 
Pearse  v  Evans     contd. 
Wallace  v  Duncan     Do. 
Tigart  v  Boley     Do. 

V  Chamberlain     Do 
Tigart  v  Davis    Do. 
Devoir  v  Pelton     A  P.  D. 
Clarke  v  Again     Issue  Td. 
Springer  v  Listnett.     Agreed. 
McKy  V  Davidson 


! 

Mattocks  V  Brown     Do. 


.  Contd. 
v  The  same 


contd. 


312  Annals  of  the  Carnegie  Museum 

Brown  v  Mattocks     Do. 

Lyda  v  Collins     Do. 

Caldwell  v  Houglin     Do. 

Witzle  V  McElwaine     Do. 

Caldwell  v  Corn     Do. 

Henry  v  Sloane    Judgt.  &  W.  E. 

Heath  v  Bruce    N.  G.  w.  Leave. 

Fry  V  Tilton        )  ^    ,       o   ,ir    t- 
^      _,,  Judgt.  &  W.  E. 

V  The  same  ) 

Chamberlain  v  Henthorn.      contd. 

V  Hickman     A.  D.  D. 

(^35)        Spear  V  Proctor     contd 

V  Gist     contd. 
Croghan  v  Waugh     Do. 
Newell  V  Robertson     Do.  ' 
Kuykendall  v  Hawkins     Do. 
Shilling  V  Young 

V  The  same 

V  Demink 

V  Proctor 
Nevill  V  Wisemen     Do. 

Noble  V  Chamberlaine.     Judgt.  for  Want  Plea. 

V  Key  &  X.     Jt.  W.  E. 
Shilling  V  Martin     contd. 

Hawkins,  Ass'ee.  v  Hillibrand     Judgt.  for  want  of  Plea. 
Ass'ee.  v  The  same     Do. 
V  White     Do. 
Hardin  v  Hawkins     discontd. 
Spears  v  McMahan     contd. 

Prather  V  Beaty.     Judgt.  Ex.  if  Bd.  found.      Iss'd. 
Wells  V  Brown     agreed. 
Blackburn,  Ass'ee.      v  Peak,     contd. 
Brashers  v.  Swearengen     discontd. 
Schley  v  Smith     contd. 
Conrod  v  Carter     Do. 
Hiser  v  McConnel     Discontd. 
Wood  V  (Griffith     contd. 
Misely  v  Housinger     discontd. 
Mitchell  V  Scott     Do. 


MiNUTKs  OF  Court  of  Yohogania  County.  313 

Rogers  v.  Proctor  contd. 
Oury  V  Brown  Discontd. 
Clinton  &  Noble  v  Brashers     contd. 

Baker,  Ass*ee.     v  Hargis.     Discontd.      PI.  out  of  Country. 
(136)       Waggoner  V  Warner     contd. 
McGrew  v  McConnel     Do. 
The  same  v  Philips     Do. 
Glenn  v  Hinton.     Abates  by  P.  death. 
Bowley  v  Ross  "\ 

The  same  v  the  same  ,-      Agreed. 
The  same  v  the  same  ) 
Bouseman  v  Douseman  Judgt. 
Same  v  the  same     Do. 
Same  v  John  McC^lean     Do. 
Kuykendall  v  Dunn.     Abates  by  P.  Death. 

V  William  Hawkins.      Abs.  by  P.  D. 

V  Benjaman  Vannatree.      Abates  by  P.  Death. 
McMahen  v  Irwin     contd. 

McCandish,  Ass.  v  McComish.     Do. 
Taylor  v  Irwin     discontd. 
Drinning  v  Zane     discontd. 
Moore  v  Ritchman     contd. 
Smallman  v  Slover     contd. 
Virgin  v  Moore     Do. 
Barker  v  Jourden     Do. 
Wallace  v  Meek     Dis'd. 
Armstrong  v  Ram  mage     contd. 
Red  ford,  Assine  v  Hill     Do. 
Wilcox  V  Craighead     Do. 
Barrackman  v  Shivily     Do. 
Beall  Jun.  v  Shawn     Judgt. 
Keller  v  Jones     A.  I).  D. 
Reasoner  v  Shearer     contd. 
Brent  v  Beeler     Judgt. 
Ramsey  v  Chambers    )   ,       , 
The  same  v  the  Same  J 
Stephens  v  Berwick     discontd. 
Heath  v  Farree     contd. 
Parkin  v  Colloway     Do. 


314  Annals  of  the  Carnegie  Museum 

T.  Cresip  v  Shearer     Do. 

(137)  Hughs  V  Thomas     contd. 
Stephens  v  Shilling     Do. 
Dye  V  Dye     discontd. 
Downer  v  Teagarden     contd. 
Thomas  v  Lee     contd. 
Wilson  V  Cockburn.     Do. 
Brownfield  v  Cox     Do. 
Bonce  v  Long     Do. 
Tygert  v  Dunnovan     Do. 
Colwell  V  Brouster     Do. 
Summerall  v  Brouster     Do. 
Shearer  v  Miller     Do. 
Baker  v  Hendricks.     Do. 
Whittaker  v  Dixson     Do. 
Wells  V  Reredon  &  ux.     Do. 
Whitzel  V  Shearer     Do. 
Gollehar  v  Docking     Do. 
Stephens  v  Stout     Do. 
McMullin  &  ux  V  Dickerson     Do. 
The  same  v  the  Same     Do. 
Moore  v  Virgin  &  ux     Do. 
Same  v  R.  Virgin     Do. 

Moore  v  Virgin     Do. 
Hoyce  v  Philips     Do. 
Campbell  v  Brownfield.      Do. 
Harrison  v  Sheerr     Do. 
Vowill  V  Pennum     contd. 
Jones  V  Clerk  &  x     contd. 
Phelps  V  McGrew     Do. 
McMichiel  v  French     Do. 
Parcel  v  Gibson     Do. 
Half  Penny  v  Whitzel     Do. 
Thomas  v  Morght  &  x     contd. 
Park  V  Cockron     A.  P.  D. 
Ireland  v  Wilson.      Do. 

(138)  Ceilings  V  Brady     contd. 
Black,  Ass'ee.  v  Dunleavy     Do. 
Vaughan  v  McMahen     Do. 


Minutes  of  Court  of  Yohogania  County.  316 

Stephenson  v  Read  &  x     Do. 
Small  V  Gray.     Do. 
Tedball,  Ass'e.  v  Shaner.     Do. 
Anderson,  Ass  v.  Hughy     Do. 
Stephenson  v  Barnitt     Do. 
McClellan  v  Guy     Do. 
Shley  V  Smith     Do. 
Young  V  Jackman     Do. 
Lynn  v  Tilton     Do. 
Martin  v  Johnston     Do. 
Chamberlain  v  McLean     Do. 
Ruse  V  Haymaker     Do. 
Altman  v  Hanna  &  x.      Contd. 
Martin  v  Glass  &  x     contd. 

V  Hamilton     Do. 
Black  V  Chamberlain     Do. 
Mordacai  v  Bond     Discontd. 

V  Nigh     Do. 
Black  V  Jolly       ) 
Black  V  Hannah  j 
Tygert  v  Barns     contd. 
The  Same  vs  Jeffery     Do. 
Winebiddle  v  French     Do. 
Young  V  McCullogh     Do. 
Morrison  v  Ross   Do. 
Brownfield  v  Smith     Do. 
Hunter,  Ass.  v  Jones     Do. 
Caswell  V  Dunn     Do. 
Wallace  v  Murdock     Do. 
Fosset  V  Meeks     Do. 
Campbell,  Ass.  v  Dunn     Do. 
Ridgley  &  Cop'y.  v  Lynn     Do. 
Morecroft  v  Cooling     Do. 
Fleming  v  Gibson     Do. 
(139)        Dunfield  v  Hickman 

V  Ross 

V  John  Rossell  , 
T  .    ,               V  contd. 

V  Lindsey 

V  Fossit 

V  Pearcifull 


316 


Annals  of  the  Carnegie  Museum. 


(140) 


Do. 
Do. 


1 


Stelt  V  Johnston  | 

V  Richd.  Johnston  /  Do. 
Downer  v  Morrison     Do. 
Woods  V  McGlashen     Do. 
Stiger  V  Smith     Do. 
Eliott  &  Cop'y.  V  Martin 
Lynch,  Infd.  v  Loughlin 
Semple  v  Ferns  &c.     Do. 
Gray  v  Harrison     Do. 
Croghan  v  Bowly 

V  McCallister 

V  Bouseman  &c. 

V  McKee. 

V  Kuykindall  A.  D.  D. 

V  Ritchman 

V  Whittaker 

V  Abr.  Whittaker 

V  Jas.  Whittaker 

V  Benj.  Kuykindall 

V  Frederick 

V  Rowleter 

V  McLean 

V  Bouseman 

V  Grimes 

V  McGrew. 

V  Troop 

V  Swissicks 

V  Meekes 

V  McManamy 

V  Drummond. 

V  Campbell. 
Geo.   Croghan  v  Eleazer  &  James  Myers. 

V  Gibson 

V  Weddle,  Senr. 

V  James  Beard 

V  Abr.  Mitchell 

V  Miller 

V  Armstrong 

V  Renno 


|-  Contd. 


}     contd, 


Minutes  of  Court  of  Yohogania  County 


317 


(141) 


V  Elliott 

V  Price 

V  Louden 

V  St.  Clair 

V  Robt.  Louden 
St.  Clair  v  Labatt     contd. 
Clerk  V  Teebolt     Do. 
Her  V  Adams     Do. 
Girty  v  Hannah     Discontd. 
Gaughagain  v  Smith     Contd. 
Enoch  V  Teegarden     Do. 
Clinton  v  Mayes     Do. 
Hawkins  v  Humble     Do. 
Fife  V  Holliday     Discontd. 
Fife  V  Fife  "j 
Fife  V  Church  well    >      Contd. 

V  Fife  j 
Hite  V  Morgan 

V  White 

V  Evins 

V  Myrnett 

V  Deavebaugh 

V  the  same 

Bryan  Bruin  v  Wm.  Fife 

V  the  same 

V  the  same 

V  the  same 
Dolton  V  Gruver     discontd. 
Same,  Ass'ee.  v  Shaner     Do. 
Hales  V  Roach     contd. 
Morgan  v  Nicholas 

V  Bond 

V  Chamberlain 

V  Beavers 
M.  Morgan  v  Wyer      1 
Same  v  the  same  J 
Kuykendall  v  PearcifuU.     Abates  by  P.  Death. 

V  Pancate     same. 

V  Douthwait     same. 


contd. 


Do. 


contd. 


discontd. 


318  Annals  of  the  Carnfxjie  Museum. 


Williams  v  Vannatree     agd. 
V  Crow     discontd. 
Price  V  Lynn     contd. 

V  Weddle     Do. 

V  Hanks     Do. 
Gray  v  Poston     Do. 

V  same     Do. 
Tygert  v  Dunnavan 

V  Craven 

V  Vannatree  Do. 

V  Elisha  Craven 

V  Hogland 
St.  Clair  v  Sills     Do. 
McCuUogh  V  McCormick  &  ca. 


^      ^      .  .     P.  D. 

V  Douthwait 


} 


>-     discontd. 


Eliott  V  Girty     Contd. 
Hawkins  v  Beall 
Same        v  the  same 

V  Same 

V  Patrick  Gary.     Abates.     D.  Dead. 

V  Perkerson.     contd. 
Semple  v  Thompson     discontd. 
Robertson  v  Crow     contd. 
Shilling  V  Newkirk     Do. 
Rogers  v  Williams  &c  ^ 

V  Parr  '-     Do. 

V  Tumbleston    j 
Zane  v  Hawkins     Discontd. 
Zane  v  Drening     Do. 

Zane,  Ass'e  v  Holdman     contd. 
(142)       Castleman  V  Tabor     contd. 
Elliott,  Adm.  v  Hargis      \ 
McMullin  V  Dickerson  I),  contd. 

Ross,  Assinee  v  demons  j 
Devoir  v  Dunn     A.  P.  D. 
Lyon  V  Dunking     contd. 
Hozier  v  Bruce     Do 
Glassell  v  Kizer     Do. 
Glassell  v  Young     Do. 


Minutes  ok  Court  of  Yohooania  County.  319 

Anderson  v  Rees     Do. 
Dunleavy,  Ass'e.  v  Ferrell     Do. 
Hammond  v  Teegarden     Discontd. 
Armstrong  v  Oharra     contd. 
Thomas,  Ass.  v  Stack     Do. 

Ward  V  String  Steel  ) 

o       ^  r      Do. 

V  Same  j 

Jones  V  Evins       1 

V  the  same  j 

V  McGoldrick  ) 

V  the  same        j 
Ogle  V  Wilson     Do. 

V  the  same     Do. 
Labatt  v  Rammage     Do. 
Hamelton  &ca.  v  Goe     Do. 
Cleldening  v  Logan     Do. 
Nevill  V  Holliday     Do. 
Kizer  v  Davidson     Do. 
Kelso  Szc.  V  Pigiott     Do. 
Allen  V  Logan  &c     Do. 

V  Duglass     Do. 
Hilderbrand  v  Hawkins     Do. 
Same,  Assin'e  v  Hanks"! 

V  Do. 
Wallias  v  Briscoe     Do. 

V  Same     Do. 
Swearengen  v  Spencer  1 
V  the  same/ 
(143)       Smith  V  Smallman     contd. 

V  George  Schley  &  ca.     discontd. 
Martin  v  Elliott     contd. 
Brachen  v  Casat     Do. 
Jones  V  Ormsback     Do. 
Crawford,  Exr.  v  Cox     Do 
Heath  v  Parker     Discontd  by  Pit. 
Heuthorn  v  McCarty     Do. 
Roots  V  Cook     contd. 
Spencer  v  Swearengen     Discontd. 
Brent  v  Jones     contd. 


y     discontd. 


320  Annals  of  the  Carnegie  Museum. 

Colwell,  Assinee  v  Lynn     Do. 
Kidd  V  McConnell     Do. 
Lynch  v  Jones     Do. 

V  Berwick     Do. 
Mitchel  V  Zane     Discontd. 
Drenning  v  Bay     contd. 
Braden  v  Elliott  &c.     Do. 
Cook  V  Hilderbrand     Do. 
Johnston  v  Steel     Do. 

Holliday,  Ass.  v  Wortherington.     Discontd.  Pit.  &  Judgt. 
for  costs. 

Hamelton  v  Martin     contd. 
Berwick  v  Atkinson     Do. 
Gilfillen,  Ass.  v  Tygart     Do. 
McQuitty  V  Gray     Do 
McCollister  v  Scott     Do. 
Bowley  v  Tygert     Do. 
Robertson  v  McGoldrick     Do. 
Mcllroy  v  McMahen     Do. 
Atkinson  v.  White     Do. 
Price  V  Crawford     Do. 
Wheat  V  Kermichael     Do. 
Scott  V  Vallandingham     Do. 
Campbell  v  Hanks     Do. 
(144)       HoUiday  &  Co'p.  v  Stout     contd. 
McCarty  v  Craighead     Do. 
Lyons  v  Humble     Do. 
Frazier  v  Chambers     Do. 
Miller  v  Hill     Do. 
Coins  V  McQuin  &  ca.      Do. 
Boyd  V  Thomas     Do. 
Wright  V  Springstone     Do. 
Davidson  v  Hanks     Do. 
Walker  v  Dresnett     Do. 
Clerk  V  Hawkins     Do. 
Smith  &C  V  Girty     Do. 
Dillo  V  Perkie     Do. 
McManamy  v  Oharro     Do. 
Richman  v  Scott     Do. 


Minutes  of  Court  of  Yoho(;ania  Couni-y. 


321 


(145) 


Ferrell  v  Daugherty     Do. 
Alen  Tharp  v  CoUings     Do. 
Ormsbrey  v  Oharra     Do. 
Bouseman  v  Ornsby     Do. 
Thomas  v  Elliott  Adr.     Do. 
Christie  v  White     Do. 
Drinkers,  Ex.  v  Hardin  Adr.      Do. 
Daviss  Jun.  &  Co'p  v  Young     Do. 
Elvy  V  Dunn     Do. 
Lyon  V  Downer     Do 
Mitchell  V  Wade     Do. 
Wilson  V  McGinnis     Do. 
Coleman  v  Gause     Discontd. 
Johnston  v  Stephens     contd. 
Wilson  V  Cannon     Do. 
Mitchel  V  2^ne     Discontd. 
Williams  v  Pressor     Contd. 
Croghan  v  Powell     Do. 
Hite  V  Dodson     Do. 
Thornton,  Ass  v  Williams     Do. 
Ornsby  v  Bouseman     Do. 
Dunlavy  v  Roberts     Do. 
Petitions. 


Sills 

V  Irwin 

Shilling 

V  Blackuian 

V  Delaney 

Roatch 

V  Shaner 

Christie,  Ass'e 

.  V  Irwin 

V  Jackman 

Parker,  Assn'e 

V  Davis 

Witzel 

V  Rybolt 

Sloane 

V  Mitchell 

Wood 

V  Griffith 

Hamilton 

V  Hawkins 

Seaman 

V  Miller  &c. 

V  the  same. 

Cook 

V  Berwick 

V  Hart 

V  Johnston 

322 


Annals  of  the  Carnegie  Museum. 


V  Dobbins 

V  Barker 

Vannater 

V  Pelton  &c 

McKinzie 

V  Semple 

Ryan 

V  Parke 

McDonald 

V  Grimes 

Deale 

V  Grove 

Fennel,  Ass'e. 

V  Marshall 

Collins 

V  Reiley 

Wills 

V  Johnston 

Redford 

V  Hill 

Ryan 

V  Carswell 

V  Shaner 

Brent 

V  Teagarden 

Owens 

V  Fisher 

V  Miller 

V  Maurer 

Todd 

V  Sheaner 

contd. 


J 


Huffman  v  Williams     agreed 
146)       Timmons  v  Gafney 

Wright,  Assne.  v  Dunlavy 


Morgan 

Dunlavy 

Swigart 

Bags 

Devoir 

Witzle 

Marshall 

Spurgen 


V  Saltsman 

V  Frye 

V  Ross 

V  Cummins 

V  Anderson 

V  Valentine 

V  Brookes 

V  Patrick 
Farree  v  Duck     A.  P.  D. 

V  Sinnett     Do. 
Pigman,  Ass'e.  v  Laton     contd. 
Cresap  &  Stibs  v  Templin     Judgt. 

V  Davis     Do. 

V  A  cord     Do. 
v  Charter     Do. 

Chriswell,  Ass'e.  v  Girty     Contd. 
Ass'e.  V  The  same     Do. 
Ass'e.  V  the  same     Do. 


discontd  A.  P.  D. 


Minutes  of  Court  of  Yohogania  County 


323 


.     A.  D.  D. 


Ass'e.  V  the  same     Do. 
V  Scott     Do. 
Clinton  v  Cuningham     Do. 

V  Donne     Do. 
Wickwire  v  Downer     Do. 
Holladay  v  Jones 

V  the  same 

V  the  same  . 
Wills  V  Zane     contd. 
Hawkins  v  Bodkin     Do. 
Walter  v  Kuykendall     A.  D.  D. 
Hawkins  v  Coffee     contd. 
Tittle  V  Brownfield     Judgt. 
Virgin  v  Colvin     Contd. 
Paul  V  West     Do. 
Day  V  Christy     Do. 
Taylor  v  Byerly     Do. 

(147)       Humble  v  Clarke! 

^  r      Contd. 

V  Burns  J 

Devoir  v  Scott     P.  D. 
Jones  V  McDowell     contd. 
Fowler  v  Brown     Do. 
Wall  V  Dowlin     Do.  Judgt. 
Weddel  v  Arle     contd. 
Farree  v  McCartney 

V  Carroll 

V  McMahan 
Ass'ee.  v  Kincaid 

Brent  v  Simpson     Judgt. 
McLeland  v  Small     contd. 
V  the  same     Do. 
Davis  Ass'ee.  v  Downer     Do. 

V  Warren     Do. 
Devoir  v  Hanks     A.  P.  D. 
Dix  V  Grogs     contd. 
Hardin,  Jun.  v  Kincaid     Do. 
Miller,  Assee.  v  Custard     Do. 
Ryan  v  Pross.     Do. 
Fennel  Ass'e.  v  Mitchall     Do. 


}     A.  P.  D. 


324  Annals  of  the  Carnegie  Museum. 

Maxwell  v  Ashcroft     Do. 
Kelly  V  Cox     Discontd. 
Wells  V  Zane     Do. 
Kuykendall  v  Dunn     A.  P.  D. 
Cunningham  v  Bruce     Contd. 
Jolly  V  Barker     Do. 
Moor  V  Churchill     Do. 
Shaner  Ass'e  v  Stephens     Do. 
Jackson  v  Clark     Do. 
Boley  V  Swigart  "I 
V  Russell  / 
McGrew  v  Ward     Do. 
Morrison  v  Armstrong     Do. 
Mitchell  &  Grather  v  Swearengen     Do. 
Ross  V  Dunfield     Do. 
(148)       Jacobs  V  Brashears     Judgt. 
Dean  v  McManamy     contd. 
Listnett  v  Same     Do. 
Ralston  v  Labatt     Do. 
Steel  V  Merrick     Do. 
Jack  man  v  Clark     Do. 
Hall  V  Redman     Do. 
Mordecai  v  Kuykendall     A.  D.  D. 
McCallister  v  Black     contd. 
Savage  v  Teagarden     Do. 
Finn  v  Williams     Do. 
Adams  v  Hall     Do. 
Lain  V  Peaton     Do 
Wallace  v  Meek     Do. 
House  V  Mahon     Do 
Virgin  v  Moore     Do. 
Adams  v  Huston     Do. 
Clendenin  v  Carmichael  &c.      Do. 
Henthorn,  Ass'e.  v  Martin     Do 
Semple  v  Owens     Do. 
Hamilton  v  Hawkins     Do. 
Ross  V  Fransway     Do. 
Johnston  v  Watson     Do. 
Morgan  v  W'eeler     Do. 


Minutes  ok  Court  of  Yohogania  County. 


325 


A  P.  D. 


Steel  V  Thomas     Do. 
Ewalt  V  Ross     Discontd. 
McGlashen  v  Irwin     contd. 
Pearse  v  Chery     Do. 
Semple  v  Carrol     Do. 
Moor  V  Richmond     Do 
Dougherty  v  Black     Do. 
Etevoir  v  Tigart     A,  P.  I). 
Tigart  v  Lindsey     Contd. 

V  Same     Do. 

V  Same     Do. 
Stewart  v  Scott     Do 
HoUaday  v  Zane     Judgt. 

(149)       Holladay  v  Worshington     Discontd. 
Simon  &  Campbell  v  Gahagan     contd 
Kuykendall  v  Kuykendall 

V  Holladay 

V  Heatji 

V  McGuire 

V  Hougland 
Valandigham  v  Springer 

V  Clements 

V  Meeks     Do. 

V  Harley     Do. 

V  Lindsay     Do. 

V  David  Lindsay 
Farree  v  Linn,  Sen.     Do. 
Maxwell  v  Thompson     Do. 
Reed  v  Clarke.     Do. 
Dalton  V  Shaner     Do. 
Clinton  &  Noble  v  Douland     Judgt 
Smallman  v  McDoran^ 

V  Gonsley 

V  Scott 
Dougherty  v  White 

V  Philips 

V  Brownfield 

V  Beaty 
Assn'e         v  McKean 


■ 

J 
contd. 

Do. 


Do. 


Judgt 


^      discontd. 


326  Annals  of  the  Carnegie  Museum. 

Ross  V  Swift     Contd. 

V  Black     Do. 
McLure   v  Lynch      ^ 

V  White       V     discontd. 

V  McCarty  J 
Hawkins  v  Labatt     Contd. 
Clark,  Assn'e.  v  Downer     Do. 
Eilewine  v  Farree     A.  D.  D. 
Lynch,  Assn'e  v  Ormsby     Judgt. 
Anderson  v  Girty     Judgt. 

Finn  v  Williams     A.  P.  D. 
Kendall  v  Brownfield     contd. 
Karr  v  Karr     Judgt. 
(150)       Gary  V  McCullock     contd. 
McCullum  V  Edwards     Do. 
Christy  v  Alexander     Do. 
Spear  v  McDoran     Do. 
Fitzgerrald  v  Reily     Do. 
Cox  V  Holing     Do. 
Halfpenny  v  Dennis     Do. 
Waddell,  Assne.  v  Brown     Do. 
Ass'e.    V  Arnold     Do. 
Shaner  v  Ross     Do. 
V  V  Plummer     Do. 

Flinder  v  Morshow     Do. 
Elliott  V  Small     Do. 

V  Same     Do. 

V  Sinnett     Do. 

Wm.  Elliott  V  Winemiller     Do. 
Elliott  &c.  V  D' Alton     Do. 

V  Rogers     Do. 

V  Frederick     Do. 

V  Armstrong     Do. 

V  Same     Do. 
Swearengen  v  Taylor     Jugt. 
Wells  V.  Gaughagan     contd. 
Ewalt,  Ass'e.  v  Armstrong      Do. 
Brounfield  v  Hustage     Do. 
McMichael  v  French     Do. 


Minutes  of  Court  of  Yohogania  County.  327 

Barker  v  Knight     Do. 
Tilton  ass'e.  v  Bell     Do 
Blinkers  Exrs.  v  Elvy 

V  Bruce 

V  Beeler 

V  Davis       I     Do. 

V  Spineer 

V  Moyer 

V  Vantrees 
Hite  V  Postlewait  " 

V  Wilson         I     Do. 

V  Carter 
(151)       Harden,  the  younger  v  Myers     contd. 

Cook  V  Dobins     Do. 
Parkerson  v  Byrns     Do. 
Russel  V  Groghagan     Do 
Collins  V  Dobson 


} 


Ass'e.  V  Clark       ^ 
Lyons  v  Buther  &c     Do. 
Maddison,  Jun.  v  Stirling     Do. 
McMahan  v  Prickett     Do. 
Taylor  v  Hanks     Do. 
Cox  V  McMahan     Do. 
Polke  V  Inks     Do. 
Miller  v  Armstrong     Do. 
Thomas  v  Lambert     Do. 
Knight  V  Plummer     Do. 
King  V  Hansell     Do. 
McCashlin  v  Evans     Do. 
Holms  V  Huston     Do. 
McCallister  v  Corn     Do. 
E>ecker  v  Wilson     Do. 

New  Petitions. 

Springer  v  Listnett     dismd. 
Isaac  Springer  v  the  same     Do. 
Stevenson  v  Nicholas  contd. 
Beeler  v  Burns     Do. 
Springer  v  Patrick     Do. 
McGaughan  v  White     Do. 


328  Annals  of  the  Carnegif.  Museum. 

Alias  Capias. 

Kincaid  v  Henderson 

V  Same. 
McDonald  v  Slover 
Hazle  V  McNew  &  ux 
Laughlin  v  Brown 
Caldwell  v  Thorn 
Winebidle  v  Valentine 
Pearse  v  Evans. 
Labatt  v  Smith  &  ux. 

(152)       Lintenburgher  V  Oldcraft 
Lindsay  v  Hamilton 

V  Smith 

Wills,  minor  v  Blackstone. 
McElwane  v  Witzle  &  ux 
Valandigham  v  Walker. 
Wagoner  v  Rape. 
Barrackman  v  Woods. 
V  Harry. 
Miller  v  Mitchel 

V  same 
Harrison  v  Hall 
Beans  v  Johnston. 
Witzle  V  Crawford 
Burns  &  Al.  v  Loutherback 
Sumrull  &:  al  V  Sumrall 
Listnett,  Minor  v  Springer.     Agreed. 
Schley  v  McKindley 
Howe  V  Genoway 
Smith  V  Gibson 
Miller  v  Humble 
Kearns  v  Logan 
Springer  v  Waller 
McMahan  v  Mathews 
V  Hanks 

Pluries  Caps. 
Rigs  V  Corn 

Caldwell  v  Mills 

Campbell  v  Patterson 


Minutes  of  Court  of  Yoho(;ania  County.  329 

Cummins  v  Baggs 
Caldwell  v  Wray 
V  Thorn 

Appearances. 

Richards  v  Boley     C.  O. 

Black  V  McCullum     discontd. 

Minor  v  Blazier     A.  C. 

(153)       Beaver  V  May  hall     A.  C. 

McCormick  v  Hollis     A.  C. 

Riggle  V  Dodd     C.  O. 

Christie  v  Heath     N.  G.  &  Td. 

Admn.    v  Same     Do. 

Patterson  v  Tidball     Spl.  Bl.  Impl. 

Beaver,  Ass'e.  v  Cook,  Ex.     Impl. 

Norris  v  Vineyard  &  ux    A.  C. 

Beeler,  Sen.  v  Inks     Impl. 

Crawford  v  Hamilton     Do. 

B.  I.  Day  v  Dean     Spl.  Bl. 

Bruce  v  Hougland     agreed. 

Lyda  v  Richards     A.  C. 

Elliott  V  Mcintosh   1       ^    ,.    ^ 

y      C.  O.  Dept. 

V  same  j 

Bradley  v  Boley     C.  O. 
McGlaughlin  v  Woods     A.  C. 
Winebiddle  v  Valentine     P.  Cap. 
Curry  v  Wells     C.  O. 
Ellis  V  Marshall  &  ux.     A.  C. 
Boling  V  Dowlin     A.  by  Retn. 

V  Norris     A.  C. 

Fife  V  Tigart  &  A.  C.     A.  C. 

V  Same     A.  C. 
Evans  v  Judy     A.  C. 

V  Same.     A.  C. 


Jrewer  v  Stacy. 

Dij 

)Cont 

Jentley  v  Camp 

A. 

C. 

V  Vitito 

A. 

C. 

V  Eglin 

A. 

C. 

V  Warren 

A.  C. 

330  Annals  of  the  Carnegie  Museum. 

Brashears  v  Hamilton     Dismd.  p.  Order, 
McDowell  V  McComish     Defendt.   G.  B.  Issue. 
Workman,  Asse.  v  Saltsman     A.  C. 
Springer  v  Rogers     Agd. 
McComish  v  Springer     A.  C. 
Brice  v  same     Do. 
Henderson  v  Evans     C.  O. 
Johnston  v  Springer     A.  C. 
(154)       Johnston  v  Mills     A.  C. 

Ritchie  v  Thornbery     A.  C. 
Reno  V  Walker     Do. 

V  Isaac  Walker     Do. 
Clark  V  Parkerson     Do. 

V  Boley     Do. 
Shuster  v  Lyda     Agd. 
Hufman  v  Leatherman     A.  C. 
Innis  V  Sawins     A.  C. 

V  same     A.  C. 
Rogers  v  Murphy     A.  C. 

V  Maning     A.  C. 
Swearingen  v  Dougherty     A.  C. 
Kearsy  v  Springer     Refered. 
Collins  V  Vanater     Agreed. 
Williams,  Ass'e,  v  Anderson     A.  C. 
Tharp  v  Gray     A.  C. 
Frye  v  Ritchie     A.  C. 
Murphy  v  Jourdan     A.  C. 

V  same     A.  C. 
Brooks,  Admr.  v  Roberts     A.  C. 
'     Johnston  v  Stephens  ^ 

V  same  >      discontd. 

Read         v  same         J 
Wright  V  Hart     A.  C. 
McCormick  v  Wilson     A.  C. 
Munn  V  Crawford     Do. 
Cox  V  Anderson     Contd. 
Forester  v  Murphy     C.  O. 
McLeland  v  Heeler     A.  C. 
Froman  v  Boyce     Boyce.  Deft.  G.  R.  Issues. 


Minutes  of  Court  of  YoHOfJANiA  County. 


831 


Mc Adams  v  Devoir     A.  Eject. 
Henderson  v  Johnston     Discontd. 
Steel  V  Hamilton     Al    Eject. 

Hamilton  v  Brashear.     Swearengen  Deft.  G.  R.  Issues. 
Bond  V  Evins     Al. 
Valandigham  v  Walker     A.  C. 
Norris  v  Emblv  &c.     Do. 
Whitesides  v  Girtv     C.  O. 
Singers  v  McCullock     C.  O. 
(155)        Henderson  V  Johnston     Discontd. 
Shirley  v  Thompson     C.  O. 
McLeland  v  Irwin.      Irwin  Deft.  G.  R.  &  Issue. 
Madison  v  Barr.      Deft.  G.  R.  &  Issue. 
Hamilton  v  Norris.     Jno.  Norris  Deft.  G.  R.  &  Issue. 
Bruce  v  McMichael.      Henry  Heath  Deft.  G.  R.  &  Issue. 
Campbell  v  Thompson.     Wm.  Vance.  Deft,     contd. 
Atkinson  v  Mathews     C.  O. 
Smallman  v  Such     C.  (). 
Brown  &  Brashers  v  Hamilton     A.  C. 

Grand  Jury  Presentmts 
Commonwealth  v  Persons. 

V  Davis 

V  Fleming 

V  Campbell 

V  Lynn 

V  McDonald. 

V  McMahan 

V  Christie 

V  Boling 

V  McKindley 

V  Roberts  negro 

V  Mc  Adams 

V  Ohara 

V  the  Court  discontd. 

V  Hinch 

V  Cast  on 

V  Lindsay 

V  Mary  Lindsay 

V  Pearci^ull 


!"    contd. 


3a2 


Annals  of  the  Carnegie  Museum. 


V  Newkirk 

V  Carter. 

V  Hoagland 

V  Hull 

V  Williams 

V  Henry  Hull 

(156)  Recogn  i  zances. 
Common  Wealth  v  Smith 

V  Springer  &  u. 

V  Steel 

V  Black 

V  Listnett 

V  Beall 

V  Bradley 

V  Winemiller 

V  Chambers 

V  Duncan 

V  Davidson 

V  Listnett  &c.         \      contd. 

■ 

V  McLean 

V  Ormsby 

V  Irwin 

V  Schley 

V  Hall  &c 

V  Day 

V  Brawdy 

V  Dean 

V  Carr  tvrc. 

V  Ross  &c. 

V  Little  <S:c 

Ordered  that  Benja.  Vanater  be  allowed  L  200  for  his  Ex- 
pence  ^:  Services  in  going  to  Wms.burg  for  Shfs.  Commission 
and  other  necessaries  for  the  use  of  the  Co't,  to  be  paid  out  of 
depositum  in  the  Shfs.  hands  if  so  much  remain  and  if  not  the 
bal.  to  be  Levied  at  the  laying  of  the  next  Co'ty  Levy. 

(157)  Isaac  Taylor  is  allowed  twenty  two  Dollars  for  bringing  up 
the  Acts  of  Assembly.  Ordered  that  the  Shff  be  directed  to 
pay  it. 

Ordered  that  this  Court  be  adjourned  till  Court  in  Course. 

Richard  Yeaies. 


Minutes  of  Court  of  Yohogania  County.  333 

At  a  Court  continued  and  held  for  Yohogania  County  April 
26^'  1779. 

Present  John  Cannon,  Joshua  Wright  Isaac  Cox  Benjaman 
Kuykendall  Gent.  Justices. 

Two  Deed  Poll  John  Miller  to  Peter  Casnor.    Ackd.  &  O.  R. 

Deed  Poll  Nevill  to  Pentecost.     Ackd.  &  O.  R. 

Luther  Colvin  is  appointed  Surveyor  of  the  Road  from 
Pigeon  Creek  into  the  Road  Leading  from  Perkerson  to  Zebu- 
land  Colvinings. 

Joseph  Beckett  Gent.  Present. 

Ordered  that  Isaac  Cox  Gent  pay  to  the  Clerk  his  propor- 
tion of  the  money  arising  from  the  Sale  of  the  Cards  Sent  to 
this  Co'ty.  for  the  use  of  the  Soldiers  wives  and  that  he  trans- 
mit it  by  the  first  opportunity  to  the  Treasury. 
(158)  Administration  of  the  Estate  of  Jacob  Shadaker.  deed,  is 
granted  Ezekiel  Painther  he  having  comply'dwith  the  Law. 

Ordered  that  Bazil  Brown  Otho  Brashears  Andrew  Lynn  & 
Thos.  Brown  be  appointed  to  appraise  the  above  Est. 

Ordered  that  Court  be  adjourned  till  Tomorrow  9  OClock. 

John  Canon. 


Court  met  according  to  adjournment  April  27th,  1779. 

Present  Edward  Ward  William  Gowe  Oliver  Miller  Joshua 
Wright  John  Canon  (rent.  Justices. 

Deed  Poll  Froman  to  Pentecost.     Ackd  &  O.  R. 

On  Motion  of  Wm.  Vance  Ordered  that  his  mark  crop  & 
slit  in  the  left  Ear  and  Slit  in  the  Right  with  his  Brand  W.  V. 
be  Recorded. 

Assignt.  of  a  Warrant  for  50  acres  of  Land  Peter  McCartney 
to  John  Campbell  Esq.  prov'd  by  Edwd.  Ward  and  Andrew 
Heath  two  of  the  subscribing  Witnesses  thereto.  Ord'd  to  lye 
for  further  proof. 

George  McCormick  Sworn  Shff  for  one  month. 

Deed  G.  Crohan  to  Edwd.  Milne  with  the  probat  thereto 
annexed  admitted  to  Record. 

John  Dousman  Sworn  D.  Shff.  for  one  month. 

View  of  a  Road  from  Fromans  Mill  into  the  Road  leading 
from  Pentecost's  Mills  to  the  Court  House  retd.  and  O.  R. 


334  Annals  of  the  Carnegie  Museum. 

Ordered  that  Hugh  Brodie  be  appointed  Surveyor  of  the 
said  Road,  and  that  the  Tithables  within  three  mi4es  do  cut 
open  &  keep  sd.  Road  in  repair. 

(159)  Ordered  that  William  Dawlin  an  Infant  be  Bound  to  Danl. 
Thompson  untill  he  arrives  at  the  age  of  twenty  one  years  and 
that  the  sd.  Danl.  teach  the  said  Orphan  or  cause  him  to  be 
taught  to  read  the  Engl,  language  and  teach  him  the  Art  and 
mystery  of  Farming,  and  also  teach  him  or  cause  him  to  be 
taught  Arithmetic  as  far  as  the  Rule  of  3. 

Richd.  Swartick  v  Jacob  Jones,     discontd. 

On  the  Pet n.  of  Andrew  Heath  and  others  Ordered  that 
Thos.  Applegate  Richd.  Sparkes  Jas.  &  Walker  Wall  or  any 
three  of  them  do  view  a  Road  from  Wm.  Andersons  to  Thos. 
Applegates  and  make  retn.  to  next  Court. 

Ordered  that  Richd.  Sparks  Jas  Wall  &  Walter  Wall  &  An- 
drew Pearse  Jun.  do  view  a  Road  from  the  new  store  on  Mo- 
nongehala  to  the  dividing  Ridge  Road  near  Jas.  Wilsons  & 
leading  to  Colo.  Cooks. 

Benjaman  Kuykendal  &  Joseph  Becket.     G.  P. 

Patrick  Clark  v  Thos.  Perkerson.  John  Simon.     S.  Bl. 

Zadock  Wright  v  Elzat  Hart.  John  Johnston     S.  Bl. 

Inventory  of  Abraham  Vaughan  returned  &  Ordered  to  be 
Recorded. 

John  Lyda  v  Mordecai  Richards.  Enoch  Springer     S.  Bl. 

Jacob  Bousman  being  appointed  by  an  Act  of  Assembly  to 
keep  a  Ferry  from  his  Lands  over  the  River  Monongehala  to 
the  opposite  Shore,  and  whereas  the  sd  Jacob  at  the  last  May 
Court  entered  into  a  recog'ze.  instead  of  bond,  Ordered  that 
sd  Recog.ce.  be  set  aside  and  that  the  said  Jacob  continue 
to  keep  the  said  Ferry  agreable  to  said  act,  and  enter  into 
Bond  accord' g.  to  Law  at  the  Next  Court. 

John  James  Wood  sworn  D.  Shff.  for  one  month. 

Ordered  that  Hannah  Frazier  Orphan  of  John  Frazer  be 
bound  to  Wm.  Anderson  according  to  Law,  and  that  she  be 
taught  to  read  the  English  language  and  also  the  Art  (Jv:  mys- 
tery of  a  Mantua  Maker. 

(160)  Jacob  Shilling  v  Henry  Xewkirk. 

Then  came  a  Jury  towit  :  Andrew  Heath  John  Johnston 
Wm.  Anderson  Mordecai  Richards  Thos  Hamilton  lohn  (iuth- 


Minutes  of  Court  of  Yohogania  County. 


335 


ridge,    Henry  Hougland  Andrew  Vaughan  Jas.    Bruce  John 
White  James  Patterson  Andrew  Powe. 

Articles  between  Elijah  Hart  and  Elenor  Frazier  Ackd. 
O.  R. 

Elizabeth  Devior  widow  of  Jas.  Devoir  came  into  Court  and 
refused  the  provision  made  for  her  by  her  said  husbands  Will. 

Articles  between  Elenor  Frather  Dinah  Anderson  Ackd. 
O.  R. 

Deed  pool  James  Bruce  to  Wm.  Marshall  A'd.     O.  R. 

Inventory  and  Sale  of  Lemin  Davis's  Est.  retnd.  &  O.  R. 

Jas.  Innis,  Henry  Taylor,  James  Scott  on  Millers  Run,  John 
Reed,  of  Millers  Run,  Wm.  Campbell,  Jas.  Eager,  Wm.  Mc- 
Comes,  John  Duglass,  William  Bruce,  James  Marshall,  Wm. 
Parker,  &  Hezekiah  Magruder  are  recommended  to  his  Ex- 
cellency the  Governor  as  proper  persons  to  be  added  to  the 
Commission  of  the  Piece. 

James  Boyace  v  Paul  Froman.     Id.  &  Ord.  Survey. 

Laughlin  v  Hogland     Order  Survey. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  Morning 
9  OClock. 

John  Canon. 


Court  met  according  to  adjournment 

Pres't.  Benja.  Kuykendall,  Oliver  Miller,  Benja.  Fry,  Joseph 
Beckett,  Gent  Justices.     Joshua  Wright,  Gent.  Pres't. 
(i6i)       Issues  to  April  Court  1779. 

Joseph  Cox  V  John  Williams  &c. 

John  Lyd  v  Joseph  Cox 

Joseph  Wherry    v  John  White  Sen. 
Abraham  Miller  v  Mich'l.  Humble. 


Pentecost 

V  Jones  &c.  Judgt. 

Johnston 

V  Swearengen 

Brown  lee 

V  Douglas 

Shilling 

V  Newkirk 

Same 

V  Same 

Myers 

V  Hooper 

Mitchel 

V  same 

Shilling 

V  Fortner 

Hooper 

V  Myers 

336 


Annals  of  the   Carnegie  Museum. 


(162) 


V  G.  Myers 

Hoper 

V  Thomas  &c. 

Fullum 

V  Johnston. 

Springer 

V  Kearsy. 

Spear 

V  Jones. 

contd 

Spear 

V  Winerailler. 

Bousman 

V  McGoldrick 

Ward 

V  Thorn 

Ward 

V  Thorn 

Pentecost 

V  Lynn 

Same 

V  Briscoe 

Shilling 

V  Taylor. 

Hawkins,  Ass*e. 

V  Clarke 

Same 

V  Kuykendall 

Eaton 

V  Kennon 

Same 

V  McCleland. 

Bond 

V  Mordicai 

Same 

V  Same 

Brodie,  Ass'e. 

V  French. 

Grub 

V  Dowlin 

Vallaudigham 

V  Tyart 

Ward 

V  Thorn  &c 

Beeler 

V  Wells 

Cook 

V  From  an 

Same 

V  Shilling 

Same,  Ass'e. 

V  McConnell 

McManomy 

V  Robertson 

Semple 

V  McKinzie 

HoUaday  Ass'e. 

V  Hawkins 

Beall  &c 

V  Finn 

Same 

V  McMahan 

Hamilton,  Asse. 

V  Dunfield 

Nevill 

V  Gist 

Cresop 

V  Swearengen.       ^      ^^^^^• 

Campbell 

V  Bell 

Fullum 

V  Johnston  &c.      ; 

Same 

V  Same 

Same 

V  McComish 

Andrew 

V  Johnston,   &c. 

Minutes  of  Court  of  Yohogania  County. 


337 


V  the  same 

Decker 

V  Ruth 

Clarke 

V  Again 

Heath 

V  Bruce 

Burris 

V  Trapman 

Coin  men  Orders. 

Washington  v  Martin  /  J^'^"  P^"^"'  ^^^^- 

[  G.  R.  Issue.  I'd. 

Vance  v  McNew     Judgt.  W  E. 

Caldwell  v  Fry  &c.     N.  G.  w.  leave.     Issue. 

Henderson  v  Kincaid     discontd. 

V  Johnston   Ord*d.  Redocketed. 

Morrison  v  Vannater     contd. 

V  Benja  Vannater.     contd. 
Bouseman  v  McGoldrick     contd. 
Hollady  v  Jones     O.  to  be  recdock'd. 

(163)        Froman  V  Dean     Judgt,  VV.  E. 
Croghan  v  McConnel        1 

V  Elrod 

V  Davidson 

V  Royall 

V  Keizer 

V  Conner 

V  Grant 

V  Gibson 

V  Hunter 

V  Whitsel 

V  Ross 

V  Thompson 

V  McCartney 

V  Ram  age 
Wm.  &  Benja  Elliotts  v  Collins     discontd. 

Crogan  v  Ross         ] 

c,     .  r      discontd. 

V  Springer  J 

V  Henry     Do. 
Hawkins,  Ass'e.  v  Hanks     Judgt.  W.  E. 

V  Zane     Judgt.  W.  E. 
Richards  v  Bow  ley     Do. 
Richards  v  Dodds     Do. 


discontd. 


338 


Annals  of  the  Carnegie  Museum. 


(164) 


Elliott  V  Mcintosh      1 

V      contd. 
V  same              J 

Bradley  v 

Boleye     contd. 

Curry  v  Wells     Impl. 

Henderson  v  Evans  1        ..           , 

y      discontd. 
V  same    j 

Forrester 

V  Murphy     Judgt.  Ex. 

Singers  v 

McCullock     Judgt.  Issue. 

Ex. 

Shirley  v 

Thompson     Contd. 

Atkerson 

V  Mathews     Do. 

Smallman 

V  Such     contd. 

Whitesides  v  Girty     Judgt.  W.  E. 

Writs  of  Enquiry. 

Hawkins 

V  Wheat 

- 

Nelson 

V  Shilling 

Shilling 

V  Nelson 

Spivy 

V  Beeler     Judgt. 

I-  135.  '5 

McElroy 

V  Templin 

V  same 

Hand 

V  Whitaker 

Boley 

V  Springer 

V  Jno.  Springer 

V  same 

Ward 

V  Wells 

i 
( 

Cox 

V  Williams 

Vance 

V  Williams 

Ralston 

V  Lowry 

Henry 

V  Sloan 

Fry 

V  Felton 

V  same 

White 

V  Johston 

Swigart 

V  Murphy 

Brashears, 

Admr.  v  Brashears 

Noble 

V  Kev 

Alias  Cap. 

,                                           1 

J 

McCormic 

;k  V  Ilollis     P.   C. 

Norn's  v  A 

'ineyard  \:  ii\      P.  C. 

Lyda  v  Richards     Spl.   P,l.   Dist'd  b 

V  AiinU. 

contd. 


Mc(ilaui:hlin  v  Woods     P.  ( 


Minutes  of  Court  of  Yohogania  County. 


339 


(165) 


P.  C. 


P.  C. 


J 


P.  c. 


p.  c. 

Impl. 


Fife,  Sen.  v  Tigart     P. 

V  same  &c     P. 
Evans  v  Judy  ] 
V  same  j 
Bentley  v  Camp 

V  Vititoe 

V  Englin 

V  Warren 
Workman,  Ass'e.  v  Warren     C.  O. 
Johnston  v  Springer     P.  C. 
Johnston  v  Mills 
Ritchie  v  Thornburg 
Reno  V  W^alker 

V  Isaac  W^alker 
Clarke  v  Parkerson.     Spl.  Bl.  Ind.  N.  D.  Judgt.  W.  E. 

V  Boley 
Hufman  v  Leatherman , 
Williams  Ass'e.  v  Anderson 
Tharp  v  Gray     discontd. 
Fry  V  Ritchie     Agreed. 
Murphy  v  Jourdan  ^ 

V  same 
Brooks,  Admr.  v  Roberts  j 
Wright  V  Hart     Spl.  Bl.  Implr. 
McCormick  v  Wilson      1 
Munn  V  Crawford  j 

McCleland  v  Beeler     Implr.  P.  B. 
Norris  v  Embly     P.  C. 
Ross     V  Manning  1 
Boling  V  Norris       j 
Beavers  v  Mayhall     discontd.      N.  Ap. 
Minor,  Ass*e.   v  B'  is 
Brien  v  Springer 

McComish         v  same 
Henderson        v  Evans 
Molton  V  Seaburn     C.  O. 
McAdams   v    Devoir.      Andrew   Devoir,   Deft.      C.    R. 

Issue. 
Steel  v  Hamilton     P.  C. 


P.  C. 


P.  C. 


P.  C. 


P.  C. 


& 


840 


Annals  of  the  Carnbcie  Museum. 


(i66) 


(167) 


Pleuries  Cap's. 

McMahan  1/ 

^  Hanks     \ 

V  Mathews 

Keams       v  Logan 

P.  C. 

MiUer        ^ 

'  Humble 

Springer    \ 

r  Walker 

Smith 

V  Gibson,  Colo.    ' 

Howe 

V  Genoway 

Schley 

V  McKindley 

Sumral 

V  Sumral 

Burns 

V  Loutherback 

Whitsel 

V  Crawford 

Beans 

V  Johnston 

Harrison 

vHaU 

Miller 

vMitchel 

V  same 

Barrackman 

V  Harry 

V  Woods 

Wagoner 

V  Rape,    agreed. 

Vallandigha 

m   V  Walker 

McElwain 

V  Whitsel  &  ux. 

Welb,  a  minor  v  Blackstone 

Lindsay 

V  Smith 

V  Hamilton 

Lentenburgher  v  Holdcroft 

Labat 

V  Smith 

Pearce 

V  Evans 

Winebiddle 

V  Valentine 

Laughlin 

V  Brown 

Hazle 

V  McNew 

McDonald 

V  Slover 

Caldwell 

V  lliom 

Kincaid    v 

Henderson 

V 

the  same 

Riggs        V 

Corn 

Caldwell   v 

Mills 

P.  C. 

Campbell  v 

Patterson 

Cummins  v 

Kaggs 

Caldwell  v 

Wrav 

p.  c. 


Minutes  of  Court  of  Yohogania  County.  341 

Appearances. 
Innis  V  Sawins     C.  O. 


^    _        r     not  to  be  sent. 

V  same     C.  O. 

Rogers  v  Murphy     A.  C. 
V  Manning     A.  C. 
Swearingen  v  Dougherty     A.  C. 
Boyer  v  Froman     Impl. 
Mooney  v  Records     Impl. 
Gibson  v  Meek     A.  C. 
Bromfield  v  Astergus     No.  Int.  discontd. 
Gist,  Asse.  v  Alexander     A.  C. 
McGlaughlin  v  Piggot     A.  C. 
McCoy  V  Rearden     agreed. 
Caldwell  v  Tigart     A.  C. 
Ward  V  Phelps     A.  C. 
Allen  V  Boner     A.  C. 
Hall  V  Lynch     A.  C. 

V  Fossett     A.  C 
(168)       Hall  V  Shearrer     A.  C. 

V  Hatfield     A.  C. 
Protsman  v  Hill     C.  O. 
Heath  v  Stokes     A.  C. 
Chambers  v  Wallace     A.  C. 

Campbell  v  McKee.     Ordered  Sp.  be  published  &  G'd. 

McCrory  v  McCrory     discontd. 

Innis  V  Scott,  Hugh  Scott,  deft.     O.  R.  &  Issue. 

Hughes  V  McElry     A.  C. 

Waller  v  Hatfield     Agd. 

Williams  v  Carter 

V  Brotsman 

V  Stocker 

V  Stone 
Brady  v  Williams.  Jno.  Wms.  Deft.     O.  R.  Issue. 
Hamilton  v  Swearengen     A.  C. 
McMahan  v  Tumbleston  A.  C. 
Campbell  &c  v  Ward  &c     A.  C. 
Boyer  v  Froman 

V  Froman 

V  Graham  &  ux 


contd. 


842  Annals  of  the  Carnegie  Museum. 


I     Implr. 


V  same 

V  same 
vsame 

V  same 

V  Atkins 
Gist  V  Corawall    A.  C. 

• 

Boyce  v  Froman    Implr. 

Saml.  Brewer  v  Peter  Macy    A.  C. 

Prottsman  v  Hill    Implr. 

(169)  Power  of  Atto.  Jacob  Shilling  to  Geo.  McCormick  ackd. 
and  O.  R. 

Ordered  that  James  Gray  be  sum'd.  to  answer  the  informa 
tion  of  the  States  Atto.  for  ferrying  over  the  River  Mononge- 
hala  &  rec'd.  3  S.  for  the  same  cont*y  to  Law  the  following  per- 
son at  the  following  times. 

Joseph  Skelton  &  one  horse      March  27thy  1779. 

James  Bevard  at  the  same  time. 

Dmnl.  McClintock  &  one  horse.  29th  March  1779.  39 
Pftck  Horses  a  7th  March  and  took  Rec't.  for  the  same  of  David 
Kennedy.     H.  M. 

Richd.  Sparks  &  one  horse  a  7  th  March. 

Kuykendall  v  Hawkins    N.  G.  &  I'd. 

Ordered  that  the  Shff.  Summon  a  Grand  Jury. 

John  Gowe  is  appointed  Const,  in  the  room  of  John  James 
Wood. 

Andrew  Pearce  Jun.  appointed  Constl.  Ord'd.  that  he  take 
the  Oath  according  to  I^w. 

Ordered  that  Court  be  adj*d.  till  Court  in  course. 

Bknja.  Kuykendall. 

(170)  At  a  Court  Continued  and  held  for  Yohogania  County  May 
24th.  1779. 

Present  Isaac  Cox,  William  Gow,  Joseph  Heeler,  Joseph 
Beckett. 

George  McCormick  Sworn  Shff. 

I^njamin  Vannater  &  John  James  Wood  Sworn  Deputy 
Sheriffs. 

Andrew  Scott  Sworft  Atto.  at  I  .aw. 

Deed  Poll  Dorsey  IViUcconI  to  licnjainin  Mills  two  lots  of 
Ground  in  the  Town  Louishurg,  At  kd.     ( ).  K. 


Minutes  of  Court  of  Yohogania  County.  343 

Deed  Dorsey  Pentecost  to  Jno.  Canon  Saml.  McCullough 
Andrew  Robinson  &  Ebenezer  Zane     Ackd.  &  O.  R. 

Deed  James  Astergus  to  Morgan  Deshay  proved  by  Nicholas 
Depue  one  of  the  subscribing  Wit's.  Ordered  to  ly  for  fur- 
ther proof. 

Ordered  that  Danl.  Applegate  James  Colvin,  Hugh  Braady 
&  Joseph  Lemin  do  view  the  most  convenient  way  for  a  Road 
from  Andrew  Dye's  to  the  Monongehala  opposite  the  mouth 
of  Mingo  Creek,  from  thence  to  Fromans  Mill,  and  make 
rept.  &c. 

Joseph  Kilpatrick  is  recommended  as  a  proper  person  to 
act  as  Ensign  of  the  Militia. 

Edwd.  Ward  and  Benjamin  Kuykendall  Gent,  present. 

Power  of  Atto.  Paul  Froman  to  John  McGee  proved,  by 
Isaac  Cox  and  Benjamin  Vannater  &  O.  R. 

Robert  Johnston  took  the  oath  of  allegiance  &  fidelity  as 
prescribed  by  Law. 

Two  deeds  Patrick  Jourdan  to  John  Fife  proved  by  Dorsey 

Pentecost  and  Ralph  Bowker  two  of  the  Wit's.     Ordered   to 

ly  for  further  proof. 

(171)       Isaac  Cox  Gent,    is  allowed  ten   P.  c't.  as  Adm.  of  the  Est 

of  Saml.  Richardson  deed,  on  the  amt.  of  the  value  of  sd.  Est. 

Saml.  Newel  Gent.  Prest. 

Ordered  that  George  Depue  orphan  of  John  Depue  be  bound 
to  John  Kincaid  until  he  arrives  to  the  age  of  twenty  one  years 
and  that  the  said  John  Kincaid  do  teach  or  cause  him  to  be 
taught  to  read  the  Bible,  write  and  Cyphert  he  five  Common 
Rules  of  Arithmetic. 

Ordered  that  William  Depue  Orphan  of  John  Depue  be 
bound  to  John  Read  according  to  Law  and  that  the  sd.  Jno. 
Read  do  teach  or  cause  him  to  be  taught  to  read  &  write  and 
to  cypher  the  five  Common  rules  of  Arithmetic. 

Ordered  that  John  Depue  orphan  of  Jno.  Depue  be  bound 
to  Wm.  Read  according  to  Law  and  that  the  sd.  Wm.  do  teach 
him  or  cause  to  be  taught  to  read  the  Bible  write  and  to  cypher 
the  five  common  Rules  of  Arithmetick. 

Vincent  Colvin  took  the  Oath  of  Allegiance  and  fidelity  as 
prescribed  by  I>aw. 

William  Rankin  took  the  oath  of  allegiance  and  fidelity  ac- 
cording to  I^w. 


344  Annals  of  the  Carnegie  Museum. 

Then  came  a  Grand  Jury  (towit)  Charles  Morgan  Joseph 
Brown  Jno.  White  Nicholas  Dawson  Richd.  Boyce  James  Pat- 
terson David  Ritchie  Sampson  Beavers  Isaac  Vance  Nathl. 
Brown  John  Erably  Wm.  Renkins  Vincent  Colvin  Sheshbazzer 
Bentley  Michael  Tigart  Samuel  Dunn  Josiah  Crawford  Andrew 
Vaughan  &  Robt.  Ramsay. 
C172)  Two  Indentures  Conrod  Wrightner  to  John  &  Margt.  Read 
prov'd  &  O.  R. 

Licence  is  granted  to  Francis  Morrison  to  keep  an  Ordinary 
at  his  house  he  having  complied  with  the  Law. 

Present  Richd.  Yeates  Gent. 

Licence  is  granted  to  James  McGaldrick  he  to  keep  an  Or- 
dinary at  his  house  he  having  complied  with  the  Law. 

On  the  motion  of  Nicholas  Pease  setting  forth  that  he  is 
desirous  of  erecting  a  Gristmill  On  Shirtees  Creek  on  which 
he  has  lands  on  both  sides  but  that  he  cannot  do  it  without 
condemning  an  Acre  the  property  of  Joseph  Edginton  &  Isaac 
Kenny,  Ordered  that  the  Sheriff  do  summon  a  Jury  to  attend 
on  the  premises  to  lay  of  and  value  the  sd.  Acre  of  Land  and 
make  their  report  to  next  Court. 

Francis  Morrison  Sworn  Lt.  of  the  Militia.     Com".  Read. 

Ordered  that  the  Road  from  Thomas  Applegates  to  VVill'm. 
Andersons  as  returned  by  the  viewers  keeping  along  as  the  road 
is  already  opened,  be  confirmed.  Thomas  Applegate  is  ap- 
pointed overseer  of  sd.  Road  and  that  the  Tithables  within 
three  miles  do  cut  open  and  keep  sd.  Road  in  repair. 

Nichs.  Depue  v  Duncan  Hardin,  Atta.  prov'd.  Judgt.  & 
O.  Sale. 

Ordered  that  the  wives  of  Greenbury  Shous,  Lem'l.  Davis 
and  John  Depue  poor  soldiers  in  the  Continental  Service  be 
allowed  twelve  pounds  each. 
(173  )  Ordered  that  Matthew  Hindman's  two  children  a  soldier  in 
the  Continental  Service  be  allowed  twenty  Shill's  p.  month 
each  to  commence  from  the  first  day  of  March  last  past  and  to 
be  cont'd  until  March  next. 

Ordered  that  Eliza.  Davis  wife  of  Jonathan  Davis  a  soldier 
in  the  Cont.  Service  be  allowed  eighteen  pounds. 

Ordered  that  Court  be  adjourned  till  tomorrow  8  OClock. 

Edwd  :   Ward 


Minutes  of  Court  of  Yohogania  County.  346 

Court  met  according  to  adjournment  May  25th,  1779. 

Present  Edward  Ward  Richard  Yeates  Benjaman  Frye 
Benjaman  Kuykendall,  Isaac  Cox  Thomas  Smallman  Oliver 
Miller  Gentlemen  Justices 

Licence  is  granted  to  Willis  Persons  to  keep  an  Ordinary  at 
his  house  he  having  complied  with  the  I^w. 

Licence  is  granted  to  James  Fleming  to  keep  an  Ordinary  at 
his  house  he  having  complied  with  the  Law. 

Present  Sam'l.  Newell  &  Joseph  Beckett,  Gent. 

Abst.  Thos  Smallman.     Prest.  Joseph  Beeler  Gent. 

Elizabeth  Henry  ] 

V  } 

Sloan  J       Wm.  Long  undertook  for  the  Defend- 

ant that  the  Pit.  should  not  be  removed  out  of  the  County  or 
sold  untill  the  trial  of  this  Cause. 
(174)  Ordered  that  a  ferry  be  kept  on  the  opposite  side  of  the 
River  from  Fort  Pitt  to  Jacob  Bousmans  and  that  Jacob  Bous- 
man  is  appointed  to  keep  the  same  he  giving  Bond  with 
Security  according  to  Act  of  Assembly,  and  that  he  keep  one 
hand  and  Boat  at  his  own  House  and  a  Boat  and  one  hand  on 
the  Pittsburgh  Side  constantly  to  attend  and  that  in  four 
months  from  this  Date  he  has  a  third  Boat  built  and  ready  to 
attend  on  either  Side  of  the  River. 

Deed  Ignace  Labat  to  Jas.  Chambers  proved  by  Henry 
Heth  &  Jacob  Bousman  two  of  the  Subscribing  Wit's.  Or- 
dered to  lie  for  further  proof. 

Ordered  that  Samuel  Newell  be  appointed  to  keep  a  ferry 
over  the  River  Monongehala  from  the  new  store  to  the  opposite 
Shore  and  that  he  keep  one  good  Boat  with  Sufficient  hands  to 
work  her  and  that  he  give  Bond  with  Security  according  to 
Law  at  the  next  Court. 

Present  Thos.  Smallman  Gent. 

Wm.  Henry  Spears  v  Joseph  Jones.  Then  came  a  Jury 
towit.  Gabl.  Cox  John  Decker  Wm.  Long  Benja.  Collins 
John  Crow  Henry  Hougland  Uriah  Johnston  Andrew  Devoir 
James  Wright  John  Springer  Joseph  Wherry  Jno.  Wall.  Judgt. 
for  Plaintiff  nine  hundred  pounds  damages. 

And*w.  Pearce  Thomas  Applegate  and  Andrew  Dye  his 
Security  entered  into  Recog'ze.  sd.   Pearce  in  one  thous'd. 


346  Annals  of  the  Carnegie  Museum. 

pounds  and  his  Securities  in  five  hundred  pounds  each  for  his 
appearance  at  the  next  Court. 

Thomas  Crooks  Sworn  Capt.  of  the  Militia.     Com.  read. 
Michael  Tegart  sworn  Lt.  of  Militia.     Comn.  Read. 
Deed  Saml.  Mc Adams  to  Dorsey  Pentecost    Ackd.  &  O.  R. 
Deed    Danl.   Byers  &  David  Miller  to    Dorsey  Pentecost. 
Ackd.  &  O.  R. 

Deed  Jas.  Miller  to  Dorsey  Pentecost     Ackd.  &  O.  R. 
(175)       Deed  Thomas  Miller  to  Dorsey  Pentecost     Ackd.  &  O.  R. 
Saml.   McAdams  Sworn  Lieutenant  of  the  Militia.     Com. 
Read. 

Ordered  that  Andrew  Devoir  be  appointed  Surveyor  of  the 
Road  lead'g  from  the  Ct.  House  to  Pentecosts  Mill  from  the 
top  of  the  Ridge  between  the  waters  of  Peters  Creek  and 
Shirtee  opposite  to  the  house  of  Henry  Johnston. 
Inventory  of  the  Est.  of  Jas.  Louden  ret'd.  &  O.  R. 
Ordered  that  Jno.  Decker  Vincent  Colvin  Joseph  Perkinson 
and  Joseph  Beckett  or  any  three  of  them  being  first  Sworn  do 
lay  of  and  assign  unto  Eliz*.  Devoir  widow  &  Relict  of  James 
Devoir  deed,  her  dower  in  the  Lands  Slaves  &  Personal  Est. 
whereof  James  Devoir  deed,  died  seized  and  make  report  to 
next  Court. 

Deed  Moses  Holladay  to  Saml.  Irwin  Ackd.  &  O.  R. 
Elizabeth  Burris  v  Naomi  Trapman.  Then  came  a  Jury 
towit.  William  Price  David  Andrews  Mordecai  Richards 
Hugh  Sterling  Abraham  Miller  Richard  Crooks  Henry  Miller 
William  Crow  Richard  Vaughan  Bazil  Brown  Thomas  Lapsley 
&  Robert  Lowdon.     Verd't.  cS:  Judgt  for  Plaintiff. 

Mich'l.   Tygert  &:  Christopher  McDonald  being  bound  in 
Recog.  appeared.      Ord.  to  be  Discharged. 

Jacob  Long  sworn  Ensign  of  the  Militia.  Com.  Read. 
Joseph  Beeler  v  Benja.  Wills.  Then  came  a  Jury  (towit) 
Thomas  Bond  Samuel  M. 'Adams  Samuel  Devoir  Nicholas 
Christ  John  Johnston  And'w.  Dye  Henry  Spears  John  Bradley 
Nathl.  Blackmore  Wm.  Fry  John  Hougland  «.^  Jacob  Long. 
Ve't.  for  Pit.  L  33.16  Debt  one  penny. 
(176)  John  Spivy  v  Samuel  Beeler.  Then  came  a  Jury  (towit) 
Gabl.  Cox  John  Decker  William  Long  Benjamin  Collins  John 
Crowe     Henry     Hougland     Uriah  Johnston    Andrew    Devoir 


Minutes  of  Court  of  Yohogania  Couxit.  347 

James  Wright  Jno.  Springer  Joseph  Wherry  &  John  Wall. 
Verdt.  &  Judgt.  for  Pit.  L.  135.15.     Issue  Ex". 

John  Springer  V  Thos.  Waller,  referred  to  Geo.  Vallandig- 
ham  John  McDonald  Joshua  Wright  Jno.  Canon  Henry  Taylor. 

Ordered  that  Lemuel  Davis  and  John  Davis  orphans  of  Lem- 
uel Davis  be  bound  to  Isaac  Cox  according  to  law,  the  sd. 
Isaac  Cox  to  teach  or  cause  them  to  be  taught  to  read  write 
Cypher  the  five  Com.  Rules  of  Arithmetic. 

Deed  Patrick  McCarmick  to  Moses  Andrews  proved  Joseph 
Brown  &  Thos.  Bond.     Ord.  to  ly  for  further  proof 

The  Grand  Jury  having  found  several  Bills  of  Indt.  ordered 
that  the  Persons  be  summoned. 

Charles  Richards  v  Jno.  Boley.     Michl  Tigert  Spl.  Bl. 

Assigm't.  Bill  of  Sale  Sampson  Beavers  to  Antho.  Dun- 
lavy.     Ackd.  &  O.  R. 

Ordered    that  Court  be  adjourned  till  tomorrow  8  OClock. 

Edwd.   Ward. 

Court  met  according  to  adjournment  May  26th,  1779. 

Present    Edward  Ward    Isaac  Cox  Jno.  Stevenson    William 

Harrison  Joseph  Beeler  William  Crawford  Gentlemen  Justices. 

(177)       Edward  Ward  Isaac  Cox  John  Stevenson  Willian   Harrison, 

William  Crawford  &  Joseph  Beeler  Gent,  took   the  Oath  of 

Justices  in  Chancery. 

Richie  v  Hall.     Atta.  Judgt.  c^-  P.  S. 

On  the  motion  of  Bazil  Brown  setting  forth  that  he  is  de- 
sirous of  erecting  a  Gristmill  on  Big  Redstone  Creek,  Ordered 
that  the  Shff.  do  Summon  twelve  men  of  his  vicinage  to  at- 
tend on  the  premises  to  lay  of  and  value  one  Acre  of  Land  on 
the  opposite  side  of  his  Land,  and  value  the  damage  done  to 
the  party  holding  the  same,  and  make  return  to  the  next  Court. 

Joseph  Kirkpatrick  Sworn  Ensign.      Com.  Read. 

Joseph  Beeler  Jun.  is  recommended  to  hisExcell'y  the  Gov- 
ernor as  a  proper  person  to  serve  as  Ensign  of  the  Militia. 

Hooper  v  Thomas.  Then  came  a  Jury  (towit)  David 
Ritchie  Henry  Miller  David  Day  Gab'l.  Walker  Isaac  Walker 
John  Crow  David  Andrew  Abraham  Miller  Peter  Rittenhouse 
Paul  Humble  Tobias  Decker  &  Hugh  Brodie,  Verd'ct  for 
plaintiff.  Judgmt.  for  L  80.  John  Berry  Mary  Perry  &  Su- 
sanna Perry.     4  days  attendance  in  above  suit. 


348  Annals  of  the  Carnegie  Museum. 

Tobias  Decker  took  the  Oath  of  Allegiance  and  fidelity  ac- 
cording to  Law. 

Prest.  Saml.  Newell  &  Benja.  Fry  Gent. 

Absent  Edwd.  Ward  Gent. 

Jane  Perry  being  bound  in  Recognizance  appeared  agreeable 
thereto  and  under  protestation  of  Innocence  Submits  herself  to 
the  Court.  On  hear'g  the  Testimony  ordered  that  the  Deft, 
be  fined  five  pounds. 

Uriah  Johnston  Took  Oath  of  AUegience  and  Fidelity. 

(178)  Deed  Saml.  Stockwell  to  Ezekiel  Hopkins    Ack'd.  &  O.  R. 
Benjaman    Frye  Gentleman  Took    the  oath   of  Justice  in 

Chancery. 

Com.  Wealth  v  Hugh  Brodie.  N.  G  &  I.  Join.  &:  a  Jury 
(towit)  Gabl.  Cox  David  Ritchie  Henry  Miller  Gabriel  Walker 
Isaac  Walker  John  Crow  David  Andrew  Abraham  Miller 
Peter  Rittenhouse  Paul  Humble  Tobias  Decker  John  Deane. 
Verdi't.  Defd.  not  Guilty. 

Jane  Ferrel  held  in  L  50  and  Joseph  Skelton  &  Saml  Irwin 
in  L  25  each  conditioned  for  her  keeping  the  Peace  towards 
the  good  People  of  the  C.  W.  &  peticular  to  Eli  Collins  till 
next  Court. 

Paul  Matthews  sworn  Goaylor. 

George  McCormick  Gent,  protests  agt.  the  Sufficiency  of  the 
Goal. 

On  the  motion  of  Mary  Lypolt  the  wife  of  George  Lypolt, 
by  her  attorney,  Seting  forth  that  she  cannot  live  with  her 
Husband  an  acct.  of  III  Treatment,  Ordered  that  the  said 
George  Lypolt  be  summoned  to  appear  at  the  next  Court  to 

(179)  show  cause  if  any  why  part  of  his  Estate  should  not  be  applied 
for  her  seperate  maintainence. 

Campbell  v  Ward,  Bousman  c*v:  McGoldrick,  Injun.  Ordered 
that  the  Common  Wealth  Writ  of  Injunct.  do  Issue  ag.  the 
Defendants  comm'g  to  stay  Waste. 

Ordered  that  Court  be  adjourned  till  tomorrow  8  O' Clock. 

Isaac  Cox. 

(180)  At  a  Court  Continued  and  held  for  Yohogania  County,  May 
27th,  1779. 

Present  Edward  Ward  William  Crawford  Benjaman  Frye 
William  Harrison  John  Stephenson  John  Cannon  (]ent  Present. 


Minutes  of  Court  of  Yohogania  County.  349 

Pluries  Caps. 

McCormick  v  Hollis     P.  C. 
Norris  v  Vineyard  &  Ux     Impl. 
McGlaughlin  v  Woods     P.  C. 
Fife  Sen  :  v  Tigart     Sp.  Bl. 

V  the  same     Spl.  Bl.  Jno.  Boley. 
Evans  v  Judy     agreed. 

V  the  same     agreed 
Bentley  v  Camp     agreed. 

V  Vititor     P.  C. 

V  Englin     Impl. 
Workman,  Asse  v  Saltsman     P.  C. 
Johnston  v  Springer     C.  O. 
Johnston  v  Mills     C.  O. 
Ritchie  v  Thornbury     P.  C. 
Reno  V  Walker     P.  C. 

V  Walker     P.  C. 
Clark  V  Bowley     Impl. 
Hufman  v  Leatherman     Impl. 
Fry  V  Ritchie     agreed. 
Murphy  v  Jourdan     Abates  by  retn 
Brooks,  Adm.  v  Roberts     Impl. 
McCormick  v  Wilson     agreed. 
Munn  V  Crawford     Impl. 
Norris  v  Embly     P.  C. 
(i8i)       Ross  V  Manning     P.  C. 
Boling  V  Norris     Impl. 
Minor,  Asse.  v  Blazier     P.  C. 
Brier  v  Springer     Agreed  &:  Settled. 
McComish  v  Springer     P.  C. 
Henderson  v  Evans     P.  C. 
Steel  V  Hamilton     P.  C. 
McMahan  v  Hanks     P.  C. 
Kearns  v  Logan.      P.  C. 
Miller  v  Humble     Impl. 
Springer  v  Waller     referred. 
Smith  v  Gibson     P.  C. 
New  v  Genoway     P.  C. 
Schley  v  McKindley     discd. 


350  Annals  of  the  Carnecie  Museum. 

Sumral  v  Sumral  &c    agreed. 
Burns  v  Loutherback     P.  C. 
Whitzel  V  Crawford     P.  C. 
Beans  v  Johnston    P.  C. 
Harrison  v  Hall    P.  C. 
Miller  v  Mitchel    P.  C. 

V  The  same    P.  C. 
Barrackman  v  Harry    P.  C. 

V  Ross    P.  C. 
Vallandigham  v  Walker    P.  C. 
McElwaine  v  Whitzel  &  ux.     dis'd.  n.  ap. 
Wills  V  Blackstone    P.  C. 
Lindsay  v  Smith     P.  C. 

V  Hamilton    P.  C. 
Lintenberger  v  Holdcroft    P.  C. 
Labat  v  Smith     P.  C. 

Pearce  v  Evans    P.  C. 
Winebiddle  v  Valentine    agreed. 
Laughlin  v  Brown    P.  C. 
Hazle  V  McNew    Abates  by  Pt.  Marriage. 
McDonald  v  Slover    P.  C. 
(182)       Caldwell  v  Thorn    P.  C. 

Kincaid  v  Henderson  &c.     P.  C. 

V  The  same  &c     P.  C. 
Riggs  V  Corn     discontd. 
Caldwell  v  Mills     P.  C. 
Campbell  v  Patterson     P.  C. 
Cummins  v  Baggs     P.  C. 
Caldwell  v  Wray     P.  C. 

V  Thorn     P.  C. 
Wagoner  v  Rape    agreed. 

Alias  Caps. 

Gibson  v  Meek     P.  C. 

(list,  Asse.  V  Alexander     P.  C. 

McG laughlin  v  Piggot     P.  C. 

Caldwell  v  Walgomot  &c     C.  O. 

Curry  v  Wills     C.  O. 

Ward  V  Phelps     Impl. 


Minutes  of  Court  of  Yohogania  County.  351 

U.  States  V  Matthew  Boner     discontd. 
Hall  V  Lynch     P.  C. 

V  Fossett     P.  C. 

V  Shearer     P.  C. 

V  Hatfield     P.  C. 
Heath  v  Stokes     P.  C. 
Chambers  v  Wallace     P.  C. 
Gist  V  Cornwall  Jr.   -  P.  C. 
Forrester  v  Murphy     P.  C. 
Mitchel  V  Pelton     P.  C. 

Spears  v  Johnston     Settled.     Shff. 
Waller  v  Springer     C.  O. 
Miller  v  Pelton     P.  C. 

(183)  Appearances. 

Nevill  V  Black     C.  O. 

V  Thompson     C.  O. 

V  Tharp     C.  O. 
Stitt  &  ux  V  Williams     A.  C. 
Crowe  V  Pearse     A.  C. 
Henderson  v  Douglas     A.  C. 
Wilson  V  Lynch  ^c     A.  C. 
Evans  v  Russell     A  C. 

Stewart  v  Crawford     G.  R.     Issue. 

V  Harrison     Do. 
Shilling  V  Hinch     A  C. 
Casner  v  Mclntire     A  C 
Innis  V  Spencer     A  C 

,    Asse.  V  Hougland     C.  O. 
Gilliland  v  Lynn      Impl. 
Shilling  V  Newkirk     Impl. 
Pentecost  v  Jones     CO. 
Boley  V  Jourdan     Abates  by  retn. 
Stocker  v  Acklin     A.  C. 
Day  V  Stanbury     C.  O. 
Cook  V  Mayes     A.  C. 
Bay  V  Jackson     A.  C. 
Alexander  v  Steen     A  C. 
Dunagan  v  Boyce     Impl. 


362  AmALs  OF  TH£  Carnegis  Museum. 

Riddeck  v  Ross    AC. 

Wright  V  Beavers    A  C. 

Mitchel  V  Boley    AC 

McColliirter  r  Com    Impl. 

McGruders  v  Lynn.     A.  C  discontd.     Pit.  Cost. 

Hamilton  v  Sw^rengen    C  O. 

Campbel  t  Ward  &c.     G.  R.     Issue. 

Bond  V  Ervin    A  C 

Waller  v  Hatfeld    A  C 

(184)  McDowell  T  McComish    AC 
BoIeyvOr.    disd. 
Hu^es  V  McElrj    AC 
McMahan  v  Tumbleston    A  C 
HendeiBon  V  Johnston    CO 
Ellis  V  Marshall    AC 

Brown  &.Bra8hears  v  Hamilton    A  C 
Holladay  v  Matthews    C  O. 

Riggle  V  Dye.  Andrew  Pearce  Spl.  Bl.     Judgt.  by  N.  Dicit 
&  W.  E. 

Embly  v  Crowe    Impl. 
Reed  v  Springer    CO. 
Hougland  v  Lock    discontd.  no  appear. 
Boley  V  Manning    A.  C 
V  The  same    A  C 
Penticost  v  Stephens    discontd. 
Brewer  &  ux  v  Stacey    A  C 
Craven  v  Pearce  Sen.     A  C 
Cook  V  Beckett    A  C 
Smallman  v  Guffee    agreed. 
Spears  v  Beckett  Ex.  &c.     A  C 
Dye  v  Allen  Tharp  A  C 
Nicholas  v  Conn     A  C 
Johnston  v  Alentharp     A. 
Matthews  v  Ellis     A. 
Nicholas  v  Day.  Moses  Holladay  Sp.  Bl.     Impl. 

(185)  Chancery. 

Crisop  V  Shearer     B  &  Time 

Simon  v  McKee  &c.     contd  till  publication. 

Wills  V  Rearden     contd. 


Minutes  of  Court  of  Yohogania  County.      353 

Sci.  Fac. 

Lapsley  v  Read     Oyer. 

Brashears  v  Hamilton.     Surrender  of  the  Principal  &  Td. 

Baz'l.  Brown  v  The  same     Do. 

Ordered  that  Thomas  Gist  Thomas  Warren  Jno.  Irwin  of 
Pittsburg  Matthew  Richie  &  Dorsey  Pentecost  be  appointed 
Comrs.  agreeable  to  Act  of  Assembly  as  Judges  of  Counterfeit 
Money. 

Ordered  that  John  Allen  Tharp  &  wife  be  sum'd.  to  appear 
at  next  Court  to  show  cause  if  any  why  Elinor  Humble  orphan 
of  Martin  Humble  should  not  be  bound  to  Susanna  Johnston, 
and  the  meantime  the  sd.  Orphan  remain  with  the  sd.  Johnston. 

Henry  Morrison  v  Benjamin  Vannater.     G.  R.  Issue. 

George  McCormick  took  the  Oath  of  Allegience  and  fidelity 
as  prescribed  by  Law. 

Ralph  Bowker  took  the  Oath  of  Allegience  and  Fidelity. 

Dorsey  Pentecost  Sworn  Judge  of  Counterfeit  money  agree- 
able to  Act  of  Assembly. 

Day  V  Wilson     Petn.  C.  O. 
(i86)       Present  Joseph  Beeler  &  Joseph  Beckett  Gent. 

Ordered  that  Thos.  Tounsley  an  Orphan  be  contd.  with 
Gabl.  Walker  agreeable  to  a  former  Order. 

Ordered  that  Eve  Sheek  wife  of  a  poor  Soldier  be  allow  L, 
i8  for  support  of  her  self  &  two  Children. 

Order  that  the  wife  Abraham  Ritchie  be  allowed  be  allowed{ 
the  same  that  she  was  the  last  year  to  commence  from  the  endi 
of  the  last  years  allowance. 

Wm.  Downs  being  Sworn  a  Juryman  on  the  Issue  Join'^d 
between  John  Decker  Plaintiff  and  Davis  Ruth  Deft,  absconded 
the  Jury  without  bringing  a  Verdict.  Ordered  that  he  be  fined 
twenty  pounds. 

Ordered  that  Court  be  adjourned  till  Court  in  Course. 

Edwd.  Ward. 

(187)  At  a  Court  Continued  and  held  for  Yohogania  County  June 
the  28th,  1779. 

Present  William  Goe  Olliver  Miller  Joshua  Wright  Benjamin 
Kuykendall,  Gentlemen  Justices. 

William  Murley  .being  recommended  to  his  Excellency  the 


354  Annals  of  the  Carnegie  Museum. 

Governor  as  a  proper  person  Ordered  that  he  be  appointed  to 
serve  as  Lt.  of  the  Militia  in  this  Cot'y. 

John  Vannater  appointed  to  serve  as  Ensign  in  the  Militia 
for  this  County. 

Present  Samuel  Newell  Gentleman.  Appraisement  of  the 
Estate  Devoir  deed  retnd.  by  the  Exr.  and  O.  R. 

HoUaday  v  Brodie  lef  to  the  award  of  Wm.  Marshall  Jere- 
miah Johnston  John  Lemen  &  Wm.  Anderson  and  their  deter- 
mination to  be  the  award  of  this  Court.  Verd*t.  and  Judgt. 
for  pit.  L  45.  15  s. 

James  Campbell  sum*d.  as  a  Grand  Juryman  and  failing  to 
appear  on  hearing  his  objections  Ordered  that  the  Sum*s.  be 
set  aside. 

Present  Edward  Ward  Gent. 

Charles  Records  appointed  Surveyor  of  the  Road  whereof 
Andrew  Devoir  was  formerly  appointed. 

Kinkead  v  Henderson.     Saml.  Spl.  Bl. 

Ordered  that  Thomas  Tounsley  Orphan  lately  an  apprentice 
to  Isaac  Walker  be  bound  to  Wm.  Wm.  Lee  who  is  to  teach 
him  the  Art  and  mystery  of  a  blacksmith  and  also  to  teach  or 
cause  him  to  be  taught  to  Read  Write  and  Cypher  the  five 
common  rules  of  Arithmetic. 
(188)       Day  V  Wilson.    In  Petn.  dism'd. 

John  Reed  being  served  with  a  Scire  fac's.  at  the  suit  of  Mar- 
tha Lapsley,  for  a  Judgment  obtained  against  him  by  the  said 
Martha  on  a  declaration  of  Ejectment  In  May  1775,  came  into 
Court  produced  Mr.  Benja,  Kuykendall  as  Evidence  that  he  had 
fee'd  an  Atto.  and  that  he  neglecting  his  duty  the  first  Court 
Judgt.  was  obtained  against  him,  unpresidented  the  Court  are 
of  oppinion  that  the  matter  in  dispute  be  deferred  till  the 
next  September  Court  and  that  the  parties  attend  With  their 
Wit's,  at  that  time  to  have  a  decisive  hearing. 

Inquisition  held  on  the  Body  of a  Negro  the  property 

of  James  Hopkins  from  under  the  Hand  &  Seal  of  Wm.  Goe 
Esqr.  and  the  Jurors  thereunto  annexed  was  returned  and  ().  R. 

Ordered  that  ¥.\n.  agt.  Wm.  Downs  for  not  appearing  as  a 
Juryman  be  deferred  till  next  Court. 

Ordered  that  the  Common  allowance  be  made  for  the  chil- 
dren of  Robert  Crawford  and  Nich's.  Hagarty  poor  Soldiers  in 


Minutes  of  Court  of  Yohogania  County.  355 

the  Continental  Service  to  commence  from  the  25th  of  Sep- 
tember last. 

Ordered  that  the  Common  allowance  be  given  the  Wife  and 
Children  of  Thomas  Southwait  a  poor  soldier  in  the  Conti- 
nental Service  to  commence  from  the  25  of  Sept.  last. 

Ordered  that  Jacob  Bousman  be  appointed  Surveyor  of  the 
Road  from  his  house  to  the  Widow  Stewarts,  Robert  Henderson 
from  thence  to  where  the  Road  from  the  Widow  Lapsleys  & 
Jno  Read's  forks,  Jno.  Read  from  thence  to  Benja.  Kuyken- 
dall's  Mill,  Thomas  Lapsley  from  the  forks  of  the  Road  to  the 
Court  House,  and  that  the  Inhabitants  within  three  miles  do 
keep  sd.  Road  in  repair. 
(189)       Berry  v  Crawford,  C.  O. 

Ordered  that  this  Court  be  adjourned  till  Court  in  Course. 

William  Goe. 

At  a  Court  Continued  and  held  for  Yohogania  County  July 
26th,  1779. 

Present  Isaac  Cox  Joseph  Beckett  Joshua  Wright  Benjamin 
Fry  Gent.  Justices. 

John  Cox  appointed  Surveyor  of  the  Road  in  the  room  of 
James  Wright. 

Henderson  v  Douglass.     Hugh  Sterling     Spl.  Bl. 

Wright  V  Beavers.     D.  Steel     Spl.  Bl. 

Brodie  v  Same  Do.  Do. 

Heth     v  Stokes  Do.  Do. 

Boley  v  Orr.     Sampson  Beavers.     Do. 

Dye  V  Tharp     David  Williams     Spl.  Bl. 

George  Lypolt  Ad.  v  Mary  Lypolt  Att.  Jno.  Prothman 
Spl.  Bl. 

Stocker  v  Acklin     Hugh  Brodie     Spl.  Bl. 

Zadock  Wright  appointed  Surveyor  of  the  Road  from 
opposite  Elijah  Harts  to  the  Ct.  House. 

Ordered   that    the   fine   imposed   on  Wm.    Downs  for  not 

appearing   as   a   Jury  man,  Jno.   Decker  v   David  Ruth,  be 

remitted,  he  having  given  the  Court  satisfactory  reasons  for  his 

non  attendance. 

( 190 ;       Berry  v  Andw.  Crawford  &  Asse. —  Bl.  Judgt.  L.  30.  &  costs. 

Ordered  that  Court  be  adjourned  till  Court  in  Course. 

Isaac  Cox. 


856  Annals  of  the  Carnegie  Museum. 

At  a  Court  Continued  and  held  for  Yohogania  County 
August  23dy  1779- 

Edward  Ward  Isaac  Cox  Saml.  Newell  Joseph  Beckett  John 
McDonald  Benja.  Kuykendall  Gent.  Justices. 

Wm.  Murly  Sworn  Lt.     Comn.  Read. 

Jno.  Vannater  Sworn  Ensign.     Comn.  Read. 

Deed  Jediah  Johnson  to  John  Douglass    Ackd  &  O.  R. 

Deed  Jediah  Johnson  to  Andrew  Devoir    Ackd.  &  O.  R. 

Springer  v  Waller.     Henry  Kersy  Spl.  Bl. 

Deed  Thos.  Spoicer  to  Saml.  Heth    Ackd.  &  O.  R. 

Deed  Benjamin  Vannater  to  Robt.  Bowers    Ackd.  &  O.  R. 

James    McCullough    v   Jno.    Taylor.      Thos.    Pritchard, 
SpL  BL 
.  Release  Saml.  McAdams  to  Andrew  Devore    ackd.  &  O.  R. 

Andw.  Devoir  v  Jediah  Johnson.     Agreed. 

Thomas  Parkeson  v  John  Megee    Non  Suit. 
Do.  Do.  Do. 

(191)      Andrew  Heth  Sworn  Coaler  for  one  month. 

Geo.  Vallandigham  v  Gabl.  Walker.  Ordered  that  Didi- 
mt»  Issue  for  the  Exn.  of  John  and  Francis  Reno. 

Absent  Isaac  Cox. 

David  Steel  y  James  Hamilton,  John  MlComish    Spl.  Bl. 

Lindsay  v  the  same.     Benja.  Vannater  Spl.  Bl. 

Acct.  preferred  by  3am  1.  Newell  &  Benjn.  Kuykendall 
L  472  for  building  the  Ct.  House  and  repairing  the  old  Gl. 
approved  of  by  the  Court,  Ordered  that  the  Sheriff  pay  the 
same. 

Deed  Isaac  Cox  to  Andrew  Nigh     Ackd.  &  O.  R. 

Ordered  that  this  Court  be  adjourned  till  Court  in  Course. 

Edwd.  Ward. 

At  a  Court  held  for  the  Examination  of  John  Bryan  who 
stands  charged  with  felloniously  stealing  a  horse  the  property 
of  George  Shannon. 

Present  Isaac  Cox  Benja.  Kuykendall  Oliver  Miller  Joseph 
Beckett  Joshua  Wright  Samuel  Newell. 

The  prisoner  being  set  to  the  barr  and  it  being  demanded  of 
him  whether  he  was  Guilty  or  not  Guilty,  answered  Not  Guilty. 
Whereupon  Sundry  Witnesses  were  examined,  on  consideration 
whereof  and  the  circumstances  it  is  the  opinion  of  the  Court 


Minutes  of  Court  of  Yohogania  County.  367 

that  he  is  not  guilty  but  that  he  is  a  person  of  bad  character, 
and  therefore  that  he  give  Security  for  his  good  behaviour  for 
three  years  himself    L   looo   and  his   two    Securities  L  500 
each. 
(192)       At  a  Court  held  for  Yohogania  County   September  27th, 

1779- 

Present  Isaac  Cox  John  Canon  Joseph  Beckett  John  Free- 
man Joshua  Wright  Oliver  Miller  Richard  Yeates  Gentlemen 
Justices. 

Power  of  Atto.  David  Cox  to  Friend  Cox.      ackd.  &  O.  R. 

David  Levinston  acknowledge  themselves  in- 
debted &c  the  said  David  in  the  sum  of  L  400  and  the  said 
in  the  sum  of  L  200  each,  Cond'd.  for  the  per- 
sonal appearance  of  the  sd.  David  at  the  next  G.  Jury  Ct.  to 
answer  a  charge  exhibited  agt.  him  for  stealing  a  saddle  the 
property  of  Robt.  Henderson  &c. 

Administration  of  the  Est.  of  Saml.  Griffith  deed.. is  granted 
to  Elizabeth  Griffith  she  having  complied  with  the  I-aw. 

Ordered  that  Thomas  Prather,  John  Purdie  Robert  McKie  & 
Rich.  Noble  or  any  three  of  them  are  appointed  to  praise  the 
sd.  Est. 

Ordered  that  Alexander  Ewing  an  Infant  and  Orphan  of 
Willm.  Ewing  deed,  aged  nine  years  old  be  bound  to  Thomas 
McMullin  according  to  law,  and  that  the  said  Thos.  do  give 
the  said  Alexander  a  new  Bible  and  L  10  at  the  Exp*n.  of  his 
time. 

Robt.  McGlaughlin  &c.  v  Tobias  Woods,  Mabara  Evans 
Spl.  Bl. 
(^93)  Ordered  that  William  Hammond  an  Infant  and  Orphan  of 
John  Hammond  deed  be  bound  to  Joseph  Scott  according  to 
Law,  and  to  find  him  one  Ax  one  Grubbing  Hoe  and  one 
Bible  at  the  expiration  of  his  time. 

Ordered  that  Sarah  Hammond  aged  seven  years  be  bound 
Infant  and  Orphan  of  John  Hommond  deed  be  bound  to 
Joseph  Scott  according  to  Law  and  the  said  John  to  give  her 
one  Cow  and  Calf  one  Spining  Wheel  and  Bible  at  the  expi- 
ration of  her  time. 

Ordered  that  this  Court  be  adjourned  till  tomorrow  8  o'clock. 

Isaac  Cox. 


358  Annals  of  the  Carnegie  Museum. 

Court  met  according  to  adjournment  Sept.  28th,  1779. 

Present    VVm.    Harrison   Thomas    Freeman    Oliver    Miller 
Richard  Yeates  Gent.  Justices. 

Administration  of  the  Estate  Timothy  Hays  is  granted  to 
Augustine  Moore  he  having  complied  with  the  Law. 

Ordered  that  Philip  Shute  Thomas  Rodgers  Richd.  Waller 
&  Saml.  McLain  do  appraise  the  sd.  Est. 

Administration  of  the  Est.  of  Wm.  Noland  is  granted  to 
Augustin  Moore  he  having  complyed  with  the  Law. 

Ordered  that  Philip  Shute  Thomas  Rodgers  Richd.  Waller 
&  Saml.  McLain  do  appraise  the  said  Est. 
(194)  An  Order  of  Monongehala  Court  for  appointing  a  Com- 
mittee of  three  to  draw  up  a  remonstr.  to  the  Genl.  Assembly 
of  Virg*a.  praying  a  repeal  of  the  Law  for  opening  a  Land 
Office  &  appointing  Commrs.  to  take  in  entries  of  Land  on 
the  West  of  the  Laurell  Hill,  was  laid  before  the  Court  at  the 
request  of  the  Court  of  Monongehala ;  upon  seriously  con- 
sider*g  the  same  &  the  consequences  of  repealing  those  Laws, 
Ord'd.  that  the  sd.  Ct.  of  Monongalia  be  informed  that  this 
Court  cannot  by  any  means  concur  with  the  sd.  Ct.  in  wishing 
those  Laws  to  be  repealed  as  they  cannot  but  consider  them  as 
exceeding  well  adapted  to  the  Local  circumstances  &  Situation 
of  the  People  of  this  County  :  so  far  from  wishing  a  repeal  of 
those  Laws  this  Court  are  determined  to  take  every  Method  in 
their  power  to  prevent  it. 

Present  Isaac  Cox,  Gent.  &  John  Canon,  Gt. 

Absent  Thomas  Freeman. 

Ordered  that  Thomas  Ashbrook  be  apointed  Surveyor  of 
the  Road  from  Cat  Fishes  Camp  half  way  to  Pentecosts  Mills 
and  John  McDowall  the  other  half,  and  that  the  Tithables 
within  three  miles  do  work  on  and  keep  the  sd.  Road  in  repair. 

Absent  Wm.  Harrison. 

Ordered  that  J  no.  Crawford  be  sum'd.  to  appear  at  the  next 
Court  to  shew  by  what  authority  he  detains  James  Crago  as 
his  Servant. 

Colo.  Wm.  Crawford  came  before  the  Ct.  and  made  Oath 
that  Hugh  Stephenson  now  deed,  obtained  a  Warrant  from 
Lord  Dunmore  while  Governor  of  \'irga.  for  three  thousand 
Acres  of  Land  ^:  that  the  sd.  Hugh  Stephenson  was  an  Inh't. 


Minutes  of  Court  of  Yohogania  County.  359 

of  Virginia  &:  that  he  was  a  Captain  of  a  Company  actually 
raised  in  Virg'a.  &  and  in  the  Service  of  Virg'a.  in  the  year 
of  Boquet's  Campaign  1764,  &  the  said  Crawford  further  made 

(195)  oath  that  he  was  a  witness  to  the  sd.  Hugh  Stephenson's  assign- 
ing to  a  certain  Richd.  Yeates  one  thousand  Acres  of  the  said. 
Warrant. 

William  Crawford  came  before  the  Court  ^:  made  Oath  that 
Burton  Lucas  was  a  Subaltern  Officer  in  the  Service  of  Virg'a. 
in  Colo.  Wm.  Byrds  Regt.  in  the  year  1758  or  59  in  conse- 
quence of  which  he  obtained  a  Warrant  from  Lord  Dunmore 
while  Gov.  of  Virg'a.  for  two  thous'd.  Acres  of  Land  which 
was  assigned  by  the  sd.  Lucas  to  Matthew  Ritchie  &  AVm. 
Bruce. 

Prest.  Benja.  Kuykendall  &:  Joseph  Beckett  (zent. 

Deed  I^bat  to  Chambers  prov'd.  by  the  Oath  of  Wm. 
Christy  O.  R.  being  formerly  proved  by  the  other  subsc.  Wit- 
nesses. 

Andrew  Swearengen  gentleman  Present. 

Deed  Edwd.  Ward  to  Jacob  Haymaker  ackd.  by  sd.  Ward. 
O.  for  R. 

Two  Deeds  James  McGoldrick  to  Edwd.  Ward  ack'd.    O.  R. 

Deed  Edwd.  Ward  to  McCioldrick  ackd.     O.  R. 

William  Oawford  Gent.  Sworn  Surveyor. 

Appraisement  of  the  Goods  Chatties  and  Credits  of  the 
Estate  of  Archibald  Wilson  deceased  return'd  order  for  Rec'd. 

Deed  Ed.  Ward  to  James  Freeman.     Ackd.  O.  R. 

(196)  Manuel  Gollehar  being  bound  in  Recognizance  Ordered  to 
be  Discharged. 

Administration  of  the  Estate  of  Solomon  P'roman  granted 
to  Mary  Froman,  she  having  com])lied  with  the  Law. 

Ezekiel  Hopkins,  John  Hopkins,  Nicholas  Devoir  and 
Levengton  Thomas,  are  appointed  appraisers  to  sd.  Estate. 

Deed,  John  Johnston  to  John  Hopkings  prov'd.  Or.  for 
Record. 

Ordered  that  James  Chambers  be  bound  in  Recog'ze.  L  500 
and  Samuel  Irwin  his  Sec'ty.  in  L  25  for  his  appearance  of 
the  said  James  Chambers  at  the  next  G.  Jury  Court. 

Aaron  Williams  took  the  Oath  of  Allegiance  &:  fidelity,   paid. 

Samuel  Beeler  v  Josiah  Scott.     Jno.  Allen  Spl.  Bl. 


-'  .JI^ 


•\: 


*s 


360  Annals  of  the  Carnegie  Museum. 

Acqnilla  Whitaker  took  the  oath  of  Allegiance  and  fidelity, 
paid. 

Ptesent  Thomas  Freeman  (rent. 

John  Boley  v  Com  v  Maning.     Jno.  Fife  Sen.  Spl.  Bl. 

Deed  Ezekiah  Appli^^ate  to  Thomas  Spencer  acknowledged 
&  O.  R. 

David  Levesterton  bound  to  the  next  Grand  Jury  Ct.  held 
in  L.~^6oo,  Benja.  Collings  &  Saml.  Irwin  Secy's,  held  in  L 
300  Each. 

(197)  Ordered  that  Mary  Guen  the  wife  of  Thos.  Guena  poor 
Soldier  in  the  Continental  Service  be  Allowed  40  S.  p.  month 
for  the  support  of  herself  and  one  child,  to  comm'ce  the  28th 
of  March  Last,  and  to  End  the  28th  of  March  Next. 

Ordered  that  Joseph  Pearce  son  of  Elisha,  be  app'd.  con- 
stable to  serve  the  Ensuing  year  in  the  place  of  Benjaman 
Philips. 

Decker  v  Jacobs^  refered  to  James  Wright,  Joseph  Perkerson 
&  Saml.  Devoir. 

Ordered  that  Ct.  be  adjourned  untill  Tomorrow  morning  9 

oclock. 

Benja.  Kuykendall. 

Court  met  according  to  adjournment  September  29th.  1779. 

Present  Edwd.  Ward,  William  Crawford,  Thomas  Smallraan 
William  Harrison,  and  Thomas  Freeman,  Gent.  Jus. 

Licence  is  Granted  to  Robert  McKindley  to  keep  an  Ordi- 
nary at  his  house  for  one  year,  he  having  complied  with  the 
Law. 

Ordered  that  Josias  Crawford  Thomas  Lapsley  Jediah  Ash- 
craft  &  Richd  Crooks,  to  view  a  Road  forom  Pentecosts  Mills 
to  McKees  Ferry  near  the  mouth  of  Yough  and  make  a  return 
of  the  Convenience  &  Inconvenience  to  next  Ct. 

Licence  is  granted  to  John  Farree  to  keep  an  Ordinary  the 
Insuing  Year  he  having  Complied  with  the  Law. 

Ordered  that  the  Sheriff  Summon  a  Jury  of  twelve  Men  to 
condemn  an  Acre  of  Land  the  property  of  Wm.  Black  in  fav*r. 
John  Armstrong  where  he  is  now  Building  a  Mill. 

(198)  Ordered  that  40  S.  pr.  month  be  allowed  the  Wife  of  Francis 
Holland  a  poor  Soldier  in  the  Cont'l.  Service  for  the  support  of 


Minutes  of  Court  of  Yohogania  County.  361 

herself  and  one  child  to  commence  the  28th  day  of  last  March 
and  to  end  the  28th  day  of  March  next. 

Ward  to  Heth.     Deed  ackd.  S:  O.  R. 

Present  Benjamin  Kuykendall,  Gent. 

Robert  McKindley  &  James  Fleming  appointed  Constables 
for  the  ensuing  year. 

Robt.  McKindley  sworn  Const' 1. 

Ordered  that  John  Goe  be  attached  for  not  Swearing  in  as 
Constable. 

Absent  Wm.  Harrison,  Gent. 

Geo.  Berry  v  Andw.  Crawford.  Ord'd.  that  the  Judgt.  be 
set  aside  and  Judgt.  opened  &  Redocketed. 

Ordered  that  Philip  Whitsel  be  summoned  to  appear  at  the 
next  Court  to  shew  cause  why  he  detains  Patience  York  as 
a  Servant  and  that  she  be  committed  to  the  care  of  Thomas 
Smallman  till  the  next  Court. 

Inventory  of  Val.  Crawfords  Est.  Retd.  &  O.  R. 

Wills  V  Quick  Moses  HoUaday     Spl.  Bl. 

Joshua  Wright  &  Joseph  Beckett,  Gent.  Prest. 

(199)  Henry  v  Slone,  T.  A.  B.  Then  came  a  Jury  Towit  :  Gabriel 
Cox,  John  Brown,  Joseph  Perkerson,  David  Andrews,  Samuel 
Devoir,  Moses  Holliday,  Uriah  Johnston,  Thomas  Applegate 
James  Wright  Robt.  McKey  John  Dean  James  McGee.  Judgmt. 
for  plaintiff  L  15  &  Costs. 

Prest.  Samuel  Newell  Gent. 

Ordered  that  Susannah  Harmon  be  bound  to  Samuel  Newell 
Gent,  according  to  Law. 

Hugh  Orra  v  Peter  Branden.  In  Attachm't.  Judgmt.  for 
L  84.9.5  &  Costs,  &  order  of  Sale. 

Cox  V  Williams  &  Irwin.  "T:  Then  came  a  Jury  towit.  John 
Robertson,  John  Hopkins,  Zekiel  Hopkins,  Michl.  Humble, 
Jno.  Quick  Ezekl.  Bernard,  Adam  Alex'.  James  Vannater 
Hezekiah  Applegate  Charles  Records  Jno.  Collins  Abraham 
Miller.     Verd't.  &  Judgmt.  for  plaintiff  L.  50.  Costs. 

Crow  V  Dye.  Saml.  Devoir  Spl.  Bail. 

Marshall  v  Huff    ag'd. 

Deed  Pentecost  to  Records,     ackd.  O.  R. 

Absent  Thos.  Freeman,  Gent. 

(200)  Ordered  that   Colo.    John  Cannon  have  the   publick   salt 


362  Annals  of  the  Carnegie  Museum. 

which  now  lies  at  Alexandria  brought  up  to  this  County 
and  Distribute  it  to  the  Persons  Intitled  to  receive  it,  and  that 
he  be  authorised  to  Contract  for  the  Carriage  on  such  Terms  as 
he  can,  Taking  care  in  the  Distribution  to  Fix  the  price  so  as 
to  raise  the  money  due  on  sd.  Salt  for  the  Original  Cost,  Car- 
riage, &  other  Contingencies. 

Ordered  that  Benj.  Kuykendal  Esq.  be  authorised  to  have 
the  Publick  Salt  now  Lying  at  Israel  Thompsons  in  Lowden 
County  brought  up  on  the  same  principals. 

Ordered  that  Zacheriah  Connell  be  Sommoned  to  appear  at 
the  next  Court  and  render  an  acct.  of  the  publick  salt  he  has 
recv*d. 

Thom's.  Freeman  Gent.  Prest. 

Samuel  Thompson  v  John  Hopkins.  Ezekiel  Hopkins  Spl. 
Bail. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  Morning 
9  oClock.  Benja.   Kuvkendall. 

(201)       Present  Isaac  Cox,  Joshua  Wright,  Samuel   Newell,  Joseph 
Beckett. 

Attachments. 

James  Anderson  v  John  McLean     dis*d. 
McMahan  v  Myers     Discontd. 
Campbell  v  Street     Do. 
Morgan  c^'c  v  Connell     Do. 
Duncan  <S:  Wilson  v  Lyon     Do. 

Price     v  the  same     Do 

Hull      v  Do     Do. 
Pelton  v  Smith     Do. 
Hammit  v  Hanks     Do. 
Douglas  v  Hill     Do. 
Virgin  v  Karr     Do. 
Parkeson  v  Douglas     Do. 
Decker  v  Hanks     Do. 
Boling  v  Rootes     Do 
Ourv  V  Castle      Do. 
Robertson  v  French      Do. 
Small  man  v  McConnel      Do. 
Thomas  v  Kilgore     Do. 


Minutes  of  Court  of  Yohogania  County.  863 

Parkison  v  Edwards     Do. 

Ormsby  v  Dunn     Do. 

Harrison  v  Wallace     Do. 

Ogle  V  Mclwain     Do. 

Ohara  v  Brandon.     Trial  for  44I..  los.  8d. 

Cox,  Admr.  v  Nelson     discontd. 

Ritchie  v  Hall     Do. 

Depue  V  Hardin.     Judgt. 

Lypolt  V  Lypolt     agreed. 

(202)  Issues. 

Cox,  Trial,  v  Williams  &c. 
Lyda.  Do.  v  Cox     Judgt. 
Wherry  v  White     Contd 
Miller  v  Humble     Do 
Johnson  v  Swearengen 
Brownlee  v  Douglas     Contd. 
Shilling  V  Newkirk     Do. 

V  the  same     Do. 
Myers  v  Hooper     Do. 
Mitchel  V  same     Do. 
Shilling  V  Fortner     Do. 

V  Myers     Do. 
Hooper  v  Geo.  Myers     Do. 
Fullum  V  Johnson     Do. 
Springer  v  Kearsey     referred. 
Spears  v  Winemiller     Contd. 
Bousman  v  McGoldrick.     Contd 
Ward  V  Thorn  &x 

V  Same     contd. 
Pentecost  v  Lynn 

V  Briscoe     contd 
Shilling  V  Taylor     Do. 
Hawkins,  Asse.  v  Clarke     Contd. 

V  Kuykendall     Do. 
Eaton  V  Kenon     Discontd 

V  McLeland     Do. 

Bond  V  Mordecai.     Judgt  by  default  L  11.2  152  lbs.  Tob'o. 
&  40s 

V  same     Do.  L  22.10.     152  Tob'o.  40  S. 


364  Annals  of  the  Carnegie  Museum. 

Brodie,  Asse.  v  French     Discontd 

Grubb  V  Douling     Judgt.  by  default. 

Vallandigham  v  Tigart     Discontd 

Cook,  Asse.  v  McConnel     Do. 

McManamy  v  Robertson     Do. 

Semple  v  McKinzie     contd. 

Holladay,  Asse.  v  Hawkins.     Plea  waved  &  Judgt. 

Beal  V  Finn  &x     contd. 

V  McMahan     Ek). 
John  Nevill  v  Gist.     Plea  waved  &  Judgt.  Inqu  grant. 
Hamilton,  Asse.  v  Dunfield     Discontd. 
Cresop  V  Swearengen     contd. 
(203)       Campbell  v  Bell     contd 
Fullum  V  Johnson  &x^ 

V  same  >     contd. 

V  McConiish 
Andrew  v  Johnson  &x     Do. 

V  same     Do. 
Decker  v  Ruth 
Clark  V  Again 

Heth  V  Bruce     contd. 
Christy  v  Heth     Do. 

V  same     Do. 
Froman  v  Boyce 
Campbell  v  Thompson 
Bruce  v  McMichael 
Madison,  Jun.  v.  Dunbarr 
McLeland  ^rx  v  Irwin 
Hamilton  v  Norris 

Mc Adams  v  Devore     agd. 
Innis  V  Scott 
Brady  v  Williams  cVx 
Washington  v  Fcarsall. 
Caldwell  V  Fry     contd 
Jones  V  Spt-ar^ 
Williams  v  >hanc 

V  ProtMuan 

V  Carter 

V  Sto(  ker 


Minutes  of  Court  of  Yohogania  County.      366 

Stuart  V  Crawford 

V  Harrison 

(204)  Common  Orders. 

Innes  v  Saw  ins 

V  same 

Morrison  v  Vannater     N.  G.  &  I'd. 

Bousman  v  McGoldrick 

Elliott  V  Mcintosh     W.  E.  Judgt. 

V  same     Judgt  &  W.  E. 
Bradley  v  Boley     N.  G.  with  leave. 
Curry  v  Wells     Do. 
Shirley  v  Thompson     Non.  Assr. 
Atkinson  v  Matthews     Judgt. 
Smallman  v  Such     W.  E. 
Bentley  v  Warren     Agd. 
Morton  v  Seaburn     Agreed. 
Innis,  Ass'ee  v  Hougland 
Day  V  Stansbury     Judgt.  W.  E. 
Johnson  v  Lindsey     contd. 
Do  V  Mills     Do. 
Waller  v  Springer     N.  G. 
Nevill  V  Thompson 

V  Sharp 

V  Blackburn 
Caldwell  v  Tygart  &x     Judgt. 
Holladay  v  Matthews     Judgt. 
Henderson  v  Johnson 

Reed  v  Springer     Judgt  L.  37.10  S.  170  L  &  40  S. 
Embly  v  Crowe     N.  G.  w.  Leave  and  Issued. 
Hamilton  v  Swearengen 

Writs  of  Enquiry. 

Hawkins  v  Wheat  contd 

Nelson  v  Shilling  discontd. 

Shilling  V  Nelson  Do. 
Mcllry  V  Templin 


rni  I      contd 

V  The  same 

Hand  v  Whitaker     Discontd. 


} 


366  Annals  of  the  Carnegie  Museum. 

Boley  V  Springer     N.  G.  w.  leave  &  I'd. 

V  Jno.  Springer     Do. 

V  same     Do. 

Ward  V  Wills     N.  G.  w.  Leave  &  Td. 
Cox  V  Williams 
(205)       Vance  v  Williams     N.  G.  w.  leave  &  Td. 
Ralston  v  Lowry     contd. 
Henry  v  Sloan     Trial. 
Fry  V  Filton     contd 

V  Same     Do. 
White  V  Johnson     Do. 
Swigart  v  Murphy     Do. 
Brashears  Admor.  v  Brashears     Do. 
Noble  V  Kuyd*l.     discontd. 
Whiteside  v  Girty     Contd. 

Riggle  V  Dye     N.  G.  w.  leave  &  Fd. 
Richards  v  Boley     contd. 
Hawkins  v  Zane     discontd. 

V  Hanks     Do. 
Froman  v  Dean     contd. 
Vance  v  McNew 

Lyda  v  Richards     Settled  &  discontd. 
Clark  V  Parkeson     contd. 

References. 
Briscoe  v  Todd     Discontd. 
Connel  v  Mounce     Do. 

Reasoner  v  Ruth.     Judgt.  375  Tob'o  &  40  S.  paid, 
Boling  V  Morrison     discontd. 
Wills  V  Newell     Do. 
Gist  V  Waller     Judgt.  W.  E. 

V  Hall     Judgt  W.  E. 

V  Boyles     Do. 
Burrows  v  Johnson     Abates. 
Sly  V  McKindley     discontd. 
Bradon  v  Vannator     Do. 
Richards  v  Ross     Do. 
Brownfield  v  Same     Do. 
Custard  v  Long     Do. 
Swassicks  v  Jones     Do. 


Minutes  of  Court  of  Yohogania  County.  367 

Pearse  v  Evans     N.  G.  w.  leave  &  I'd. 
Murphy  v  Richards     Discontd. 
Hayes  v  Deal     Do. 
Ewalt  V  McCollister     Do. 
(206)       Hougland  v  Laughlin     N.  G.  w.  Leave  &  Td. 
Swassicks  v  Swassicks     discontd. 
Newkirk  v  Shilling     Do. 

McFarlane  v  Beeler.    Judgt.  j[^  22.  S  11.  287  Tobo.  &40S. 
Andrew  v  Johnson 
Matthews  v  Marshall  &x.     Judgt. 
Cox  V  Breetsman.     N.  G.  w.  leave  &  Td. 
Vannator  v  Bradon     Discontd. 

V  Parkeson     N.  G.  w.  leave  &  I'd. 
Burrows  v  Williams     Abates. 
Jones  V  McDonald     discontd. 
Dawson  v  Kirkpatrick     N.  G.  w.  leave  &  I'd. 
Hall  V  Wells  &x     discontd. 
Grimes  v  Logan     Do. 
Beeler  v  Walker     Judgt.  W.  E. 
Woods  V  McKee     discontd. 
Morrison  v  Swigart     Do. 
Froman  v  Boyce.     N.  G.  w.  leave  &  I'd. 
Deal  V  Hays     Discontd. 
Crooks  V  Hougland.     N.  G.  w.  leave  &  I'd. 
Pearse  v  Evans     Do. 
Wallace  v  Duncan     discontd. 
Tygart  v  Boley.     N.  G.  w.  leave  &  I'd. 
Boyce  v  Froman  &x     Do. 
Tigart  v  Chamberlain     Judgt  W.  E. 
McKy  V  Davison     Do. 

V  Same     Do. 

V  Same     Do. 
Mallocks  V  Brown     discontd. 
Brown  v  Mallocks     Do. 
Lyda  v  Collins     Do. 

Caldwell  v  Hougland     N.  G.  W.  leave  &  Issued. 
Whitsel  V  McElwane     Do. 
Caldwell  v  Corn     Do. 
Chamberlain  v  Henthorn     discontd. 


368  Annals  of  the  Carnegie  Museum. 

Spears  v  Proctor     Do. 
V  Gist     I.  W.  C. 
(207)       Croghan  v  Waugh     contd. 
Newell  V  Robeson     contd. 
Shilling  V  Young     discontd. 

V  Same     Do. 

V  Demink     Do 

V  Procter     Do. 
Nevill  V  Wiseman     contd. 
Shilling  V  Martin     Discontd. 
Sly  V  Smith  '  Do. 

Spear  v  McMahan     N.  G.  w.  leave  &  I'd. 
Blackburn,  Asse.  v  Peak     Discontd. 
Con  rod  v  Carter     Do. 
Wood  V  Griffith     Do. 
Rogers  v  Proctor     Do. 

Clinton  &  Noble  v  Brashears.     Judgt.    by  Default.   L  4  19. 
&  J^  &  40  S. 

Wagoner  v  Warner     Discontd. 
McGrew  v  McConnel     Do. 

V  Phelps     Do. 
McMahan  v  Irwin     Do. 
McChandlis,  Asse.  v  McCoraish     Do. 
Moor  V  Richmond     Do. 
Smallman  v  Slover     Do. 
Virgin  v  Moore     Do 
Barker  v  Jourdan     Do. 
Redford,  Asse.  v  Hill     Do. 
Armstrong  v  Ramage     Do. 
Wilcox  V  Craighead       Do 
Barrack  man  v  Shively     Do 
Reasoner  v  Shearer     Do. 
Ramsay  v  Chambers  &  Co.      Do. 

V  The  same     Do. 
Heth  V  Farree      Do. 
Perkin  v  Colloway     Do. 
Hiighy  V  Thomas     Do. 
Ste[)hi'ns  v  Shilling      Do. 
Downer  v  Tcagarden      Do. 


Minutes  of  Court  of  Yohogania  County.  369 

(208)  Thomas  v  I^e     Discontd. 
Wilson  V  Croghan  &x     Do. 
Brownfield  v  Cox     Do 

Bond  V  Long.     Judgt.  by  default  L  20  Costs  117  lb  Tobo. 
&  40  S. 

Tigart  v  Dunnavan     Discontd. 
Caldwell  v  Browster     Do. 
Sumral  v  Same     Do 
Shearer  v  Miller     Do 
Baker  v  Hendricks     Do 
Whitaker  v  Dixon     Do 
Witsel  V  Shearer     Do 
Gollihar  v  Dowlin     Do 
'^  Stephens  v  Stout     Do 

McMullen  &  ux  v  Parkeson  &x     Do 

V  Same     Do. 
Moore  v  Virgin     Do 
Dodd  V  Virgin     Do 

V  same     Do 
Moore  v  Virgin     Do 
Boyce  v  Philips     Do 
Campbell  v  Brownfield     Do 
Harrison  v  Karr     Do 
Jones  V  Clarke  &x     Do. 
Phelps  V  McGrew     Do. 
McMichael  v  Frinch     Do. 
Purcel  V  Gibson     Do 
Halfpinny  v  Whitsel     Do 
Thomas  v  Merchant  &x     Do 
Ireland  v  Wilson     Do 
Collins  V  Brady     Do. 
Black,  Asse.  v  Dunlavy     Do 
Vaughan  v  McMahan     Do 
Stephenson  v  Reed  &x     Do. 
Small  V  Gray     Do 

Holladay  v  Jones.     Judgt.  by  default. 
Tidball,  Asse.  v  Shaner     discontd. 
Anderson,  Asse.  v  Huey     Do 

(209)  Stephenson  v  Barnett     discontd. 


370  Annals  of  the  Carnegie  Museum. 

McLeland  v  Grey     Do 
Sly  V  Smith     Do 
Young  V  Jackman     Do 
Lynn  v  Tilton     Do 
Martin  v  Johnson     Do 
Chambers  v  McLain     Do 
Ruse  V  Haymaker     Do. 
Martin  v  Glass  &x     Do 

V  Hamilton     Do 
Black  V  Chamberlain      Do 
Tigart  v  Burns     Judgt.  by  default. 

V  Jeffery     Discontd. 
Winebiddel  v  Finch     Do 
Young  V  McCulloch  &x     Do 
Morrison,  Asse.  v  Ross     Do 

Brownfield  v  Smith.     Judgt.  by  default.    L  5.  10.  i  170  lb. 

Tob'o. 

Hunter,  Asse.  v  Jones     discontd. 
Carswell  v  Dunn     Do. 
Wallace  v  Murdoch    Do 
Fossett  V  Meek    Judgt  &  W.  E. 
Campbell,  Asse.  v  Dunn    discontd. 
Ridgly  &  Co.  v  Lynn.     Judgt  by  default. 
Morecroft  v  Douling     Do 
Fleming  v  Gibson     discontd 
Dunfield  v  Hickman     Do 

V  Ross     Do 

V  Lindsay     Do 

V  Russell     Do 

V  Fossett     Do 

V  Pearcifull     Do 
Steel  V  Johnson     Do 

V  Johnson     Do 
Downer  v  Morrison     Do 
Woods  V  McGachen     Do 
Steger  v  Smith     Abates 
Elliott  &  Co.  V  Martin     discontd. 
(210)        Linch  V  McGlaughlin     discontd 
Sample  v  Kerns     Do 


Minutes  of  Court  of  Yohogania  County. 


371 


(211) 


Gray  v  Harrison     Do 
Croghan  v  Boley 

V  McCallister 

V  Bousman 

V  McKee 

V  Richmond 

V  Whitaker 

V  Abraham  Whitaker 

V  Jas.  Whitaker 

V  Kuykendall 

V  Frederick 

V  Roliter 

V  McLean 

V  Bousman 

V  Grimes 

V  McGrew 

V  Troop 

V  Swasicks 

V  Meek 

V  McManamy 

V  Drummond 

V  Campbell 

V  Myers  &x. 

V  Gibson 

V  Weddell,  Sen. 

V  Beard 

V  Mitchel 

V  Miller 

V  Ormsby 

V  Reno 

V  Elliott 

V  Price 

V  Loudon 

V  St.  Clair 

V  Lowdon 

St.  Clair  v  Labatt     Discontd. 
Clark  V  Teabolt     Do 
Eyler  v  Adams     Do. 
Gahagan  v  Smith     Do. 


Do. 


372  Annals  of  the  Carnegie  Museum. 

Enoch  V  Teagarden  &x.     Do. 

Clinton  v  Mays     Do 

Hawkins  v  Humble     Do 

Fife  V  Churchill     Do 

Hite  V  Morgan     Judgt.  by  default. 

V  White     Do 

V  Evans     Do 

V  Mynett     Do 

V  Defebaugh     Do 

V  Same     Do  Exn. 
Bruin  v  Fife     Do 

V  Same     Do 

V  Same     Do 

V  Same     Do 

Hales  V  Roatch     Judgt.  W.  E. 
Morgan  v  Nichols     discontd. 

V  Bond     Do 

V  Chamberlain     Do 

V  Bever     Do 

Price  V  Lynn     Judgt.  by  default. 

V  Weddel  discontd. 

V  Hanks     Judgt  by  default. 
Gray  v  Peton     discontd. 

V  Same     Do. 
Tigart  v  Dunavan     Do 

V  Craven.      Do 

V  Vannator     Do 

V  Craven     Do 

V  Oglin     Do. 
St.  Clair  v  Sills     Do. 
Elliott  V  Girty     Do. 
Hawkins  v  Parkeson     Do. 
Robison  v  Crow     Do. 

(212)       Shilling  V  Newkirk     Discontd. 
Rodgers  v  Williams  &:x     Do. 

V  Parr     Do. 

v  Tumbleson  Do. 
Zane,  Asse.  v  Holman  Do. 
Castleman  v  Tabor     Do 


Minutes  of  Court  of  Yohogania  County.  373 

Lyon  V  Duncan     Do 
Hosier  v  Bruce     Do 
Glassell  v  Kizer     Do 
McGlassen  v  Young     Do 
Anderson  v  Rees     Do 
Dunlavy,  Asse.  v  Ferrel     Do 
Armstrong  v  Ohara     Do 
Thomas  v  Stark     Judgt.  by  default. 
Ward  V  Springsteel     discontd. 

V  Same     Do. 
Jones  V  Evans     Do. 

V  Same     Do. 

V  McGoldrick     Do. 

V  same     Do 
Ogle  V  Wilson     Do 

V  same     Do. 
Labat  v  Ramage     Do. 
Hamilton  &x  v  Goe     Do. 
Clendening  v  Logan     Do. 

Nevill,  Asse.  v  Holladay.     Conditions  perfd.  &  contd. 
Keiser  v  Jamison     discontd 
Kelso  &x  V  Piggott     Do. 
Allison  V  Lyon     Do. 
Smith  V  Douglas     Do 
Martin  v  Klliott     Do 
Brecken  v  Cassat     Do 
Jones  V  Ormsback     Do. 
Wafords,  Exrs.  v  Cox     Do 
Roots  V  Cook     Do. 
(213)       Caldwell,  Asse.  v  Lynn     Agreed. 
Kidd  V  McConnel     Judgt  &  W.  E. 
Linch  V  Jones     Do 

V  Bosnick     Do. 
Dunning  v  Bay     Do. 
Bradon  v  Elliott     Do. 

Crooks  V  Hilderbrand.     Judgt.   by  default.   L   4.5   160  lb. 
Tobo.  40  S. 

Johnson  v  Steal     discontd. 
Hamilton  v  Martin     Do 


374  Annals  of  the  Carnegie  Museum. 

Berwick  v  Atkison     Do. 
Gilfillian  Asse.  v  Tigart     Do. 
Mclnty  V  Gray     Do 
McCollister  v  Scolt     Do 
Boley  V  Tigart     Do 
Robeson  v  McGoldrick     Do 
McElroy  v  McMahan     Judgt.  W.  E. 
Atkison  v  White     discontd. 
Price  V  Crawford     Do 
Wheat  V  Carmichael     Do 
Scott  V  Vallandighara     Do 
Campbell  v  Hanks     Do 
Holaday  &  Co.  v  Stout  &x.     Abates,  D.  D. 
McCarty  v  Craighead     discontd. 

Lyon  V  Humblebearer.     Judgt.  by  deft.  L   37.  lo    160  lb. 
Tobo.  &  140  S. 

Frazier  v  Chambers     discontd. 
Miller  v  Hill     Do. 
Karnes  v  McQuin  &x     Do. 
Boyd  V  Thomas     Do 
Wright  V  Springstone     Do. 
Davidson  v  Hanks     Do 
Walker  v  Dristnell     Do. 
Clark  V  Hawkins     Do 
Smith  V  Girty     Do 
Dillon  V  Perky     Do. 
McManamy  v  Ohara     Do. 
Richmond  v  Scott     Do. 
Ferrel  v  Dougherty     Do. 
Tharp  v  Collins     Do 
(214)       Armstrong  v  Ohara     Discontd. 
Bousman  v  Ormsby     Do. 
Thomas  v  Elliott,  Admr.      Do. 
Christy  v  White     Do. 

Brinkers,  Exr's.  v  Hardin's  Adm'ors.      Judgt.  by  deft. 
Davis  «S:  Co.  v  Young.      Judgt.  by  deft. 
Elvy  V  Dunn     discontd. 
Lyon  V  Downer     Do. 
Mitchel  V  Wade.      Judgt.  by  deft.      Process  not  served. 


Minutes  of  Court  of  Yohogania  County.  376 

Wilson  V  McGinnis     discontd. 

Johnson  v  Stephens     Do. 

Wilson  V  Canon     Do 

Williams  v  Presser     do 

Croghan  v  Powel     do 

Hite  V  Dodson.     Judgt.  by  deft.     Process  not  served. 

Ormsby  v  Bousman     discontd. 

Dunlavy  v  Robertson     Do 

Brashears,  Admor.  v  Colvin     Judgt.  by  deft. 

Patterson  v  Tidball     Judgt  W.  E. 

Day  V  Dean     N.  G.  w.  leave  &  Joind. 

Bever,  Asse.  v  Cook  &c.  Admors.     discontd. 

Beeler  v  Ink     N.  G.  w.  leave  &  I. 

Kersy  v  Springer     refd. 

Cox  V  Anderson     agreed. 

Crawford  v  Hamilton     discontd. 

Williams,  Asse.  v  Anderson     Do. 

Wright  V  Hart.     N.  G.  w.  leave  &  I'd. 

McCleland  v  Beeler     discontd. 

McMahan  v  Matthews     Judgt.  W.  E. 

Boyce  v  Froman     N.  G.  w.  leave  &  I'd. 

Mooney  v  Records     N.  G.  w.  leave  &  Fd. 

Boyce  v  Froman     Non.  Asst.  &  I'd. 

V  same     Do 
&  ux  V  Graham 

V  same 

V  same 

V  same 

V  same 

V  Atkeson     Judgt.  W.  E. 

V  Froman     N.  G.  w.  leave  &  I'd. 
Protsman  v  Hill     Judgt.  W.  E. 

(215)       Norris  v  Vineyard  &  Ux     Judgt  W  E. 
Fife  v  Tigart.  &x     Judgt.  W  E. 

V  same     Do. 
Bentley  v  Ekiglen     Do. 
Clark  V  Boley     Do 
Hufman  v  Leatherman     Do. 
Munn  y  Crawford     Do. 
Boling  V  Norris    N.  G.  w.  leave  &  I'd. 


Discontd. 


876  Annals  of  thb  Carnbgib  Museum. 

Miller  ▼  Humble    Cdnd's  perfomi'd.  &  I'd. 
GiUilaiid  V  lii^n    N.  O.  leave '&  Td. 
Shilling  y  Neirkiric    t>o. 
DttiMgjUi  V  Boyce    Agd. 
McCollister  v  Com    Judgt.  W.  K 
Ward  V  Fhilps.     Discontd. 


Petitioiui 

Snis  V  Irwin    diacontd* 
Shilling  y  Blackman    Do. 

▼  Delanj    Do. 
Roatch  Y  Shaner    Do. 
Christy,  Aaae.  ▼  Inrin    Do. 

V  Jack9on    Do. 
Parker,  A»e.  v  Davis    Do. 
Wbitsel  V  Rybolt    Do. 
Sloan  V  Mitchel,  Adm«    X>o 
Hamilton  v  Hawkins    Do. 
Seaman  v  Miller  fcx    Do. 

vsame    Do. 
Cook  V  Berwick    Do 
vHart    Do 

V  Johnson    Do 

V  Dobbins     Do 

V  Parkerson     Do 
Vannater  v  Pelton     Do. 
McKenzie  v  Scrapie     Do 
Ryan  v  Park     Do 
McDonald  v  Grimes     Do 
Deal  V  Grove     Do 

Fennel,  Asse.  v  Marshall     Do 
Colvin  V  Baily     Do 
(216)       Wells  V  Johnson     Discontd 
Redford  v  Hill     Do 

V  Criswell     Do. 
Ryan  v  Shaner     Do 
Brent  v  Teagarden.     Judgt.  for  L  2 
Oury  V  Fisher    1 

V  Maurer  I      Judgt. 

V  Miller    J 


Minutes  of  Court  of  Yohogania  County.  377 

Todd  V  Shearer     discontd 

Timmons  v  Gafney     Do 

Wright  V  Dunlavy     Do. 

Morgan  v  Saltsman     Do. 

Dunlavy  v  Fry     Do 

Swigart  v  Ross.     Judgt.  L  3.  15.  150  lb.  Tobo  &  20  S. 

Baggs  V  Cumings     Discontd. 

Whitsel  V  Valentine     Do. 

Marshal  v  Brooks     Do. 

Spurgin  v  Patrick     Do. 

Pigman  No.  2  v  Layton     Do. 

Chriswell  v  Girty     Do. 

V  same^i 

V  same 


I      Do. 


Asse.  V  same "»      ^^ 
Asse.  V  Scott  / 
Clinton  v  Cuningham.     Process  not  retnd. 

V  Donne     Jud.iL  2.  i.  2.  Tobo.  150.  &  20  S. 
Wickwire  v  Douner     Discontd. 

Wills  V  Zane     Discontd. 
Hawkins  v  Bodkin     Judgt. 
V  Coffee     Judgt. 
Virgin  v  Colvin     discontd. 
Paul  V  West     Do. 
Day  V  Christy     Do 
Taylor  v  Byerly     Do 
Humble  v  Clark     Do 

V  Burns     Do 
Jones  V  McDowall     Do 
Fowler  v  Brown     Do 
Weddall,  Asse.  v  Arle     Do 
McCleland  v  Small  -»      .^ 

V  Same  J 
(217)       Davis,  Asse.  v  Downer     Judgt. 

V  Warner     Do.     Process  not  served. 
Dix  V  Groggs     discontd. 
Hardin,  Jun.  v  Kincaid     Do. 
Miller  v  Custard     Do 
Ryan  v  Press     Do 


378  Annals  of  the  Carnegie  Museum. 

Fennel,  Asse.  v  Mitchel     Do 
Maxwell  v  Ashcraft     Do. 
Cuningham  v  Bruce     Do 
Jolly  V  Barker     Do 
Moor  No.  3  v  Churchil     Do. 
Shaner,  Asse.  v  Stephens     Do 
Jackson  v  Clark     Do 
Boley  V  Swigart     Do. 

V  Russal     Do 
Green  v  Ward     Do 
Harrison  v  Armstrong     Do. 
Ross  V  Dunfield     Do. 
Dean  v  M'iMacmanomy     Do. 
Lestnett  v  Same     Do 
Roliter  v  I^abatt     Do 
Steel  V  Merrick     Do 
Jackman  v  Clark     Do 
Hall  V  Redman     Do 
McCollister  v  Black     Do 
Savage  v  Teagarden     Do 
Fin  V  Williams     Do 
Adams  v  Horn     Do 
I^in  V  Peyton     Do 
Wallace  v  Meek     Do 
House  V  Mahon     Do 
Virgin  v  Moore     Do 
Adams  v  Shuster     Do 
Clendenin  v  Carmichael     Do 
Henthorn,  Asse.  v  Martin     Do 
S^emple  v  Owens     Do 
Hamilton  v  Hawkins     Do 
Ross  V  Fransway     Do 
Johnson  v  Wilson     Do 
(218)        Morgan  v  Wooler     Do 
Steel  V  Thomas      Do 
McCilasscn  v  Irwin      1  >o 
IVarse  v  C'hcry      I  >o 
Scmple  V  C'arol      I  )o 
Moore  V  Ki<  hnioiul      Do 


Minutes  of  Court  of  Yohogania  County. 


379 


(219) 


I     Do.  D.  D. 


Do 


Dougherty  v  Black     Do. 
Tygart  v  Lindsay     A.  D.  D. 

V  same 

V  same 
Stewart  v  Scott     discontd. 
Campbell  v  Gahagan     Do. 
Vallandigham  v  Springer 

V  Clements 

V  Meeks 

V  Hartley 

V  Lindsay 

V  same 
Farree  v  Lynn     Do 
Maxwell  v  Thompson 
Reed  v  Clarke     Do 
Dalton  V  Shaner     Do. 
Ross  V  Swift     Do 

V  Black     Do 
Hawkins  v  Labat     Do 
Clarke,  Asse.  v  Downer 
Fin  V  Williams     Do. 
Kendal  v  Brown  field     Do 
Gary  v  McCulloch     Do 
McCullum  V  Edwards     Do 
Christy  v  Alexander     Do 
Spears  v  McDoran     Do 
Fitzgerald  v  Reiley     Do 
Cox  V  Boling     Do 
Halfpenny  v  Dennis     Do 
Wadel,  Asse.  v  Brown     Do 
Asse.  V  Arnold     Do 
Shaner  v  Ross        1 

V  Plumber  J 
Flander  v  Marshall     Do 
Elliott  V  Small 

V  Same 

V  Sinnett 

V  Winemiller 


Do 


Do 


Do 


discontd. 


380 


Annals  of  the  Carnegie  Museum. 


Elliott  V  Dalton 

V  Frederick 

V  Armstrong 

V  Rodgers 

V  Same 


I)o. 


Do 


Do 


i  220  } 


Wills  V  Gohagan     Do 
Ewalt,  Asse.  v  Armstrong  &x 
Brown  field  v  Hustage     Do 
McMichael  v  French     Do 
Baker  v  Knight     Do 
Tilton.  Asse  v  Bell     Do 
Brintson,  Exors.  v  Elvy 

V  Bruce 

V  Beeler 

V  Sayers 

V  Spencer 

V  Moyer 
Isaac  Hite  v  Vantrees     Judgt. 

V  Rich'd  Postlethwait     Do 

V  Wilson     Do. 

V  Carter     Do 

Hardin  the  Younger  v  Myers     discontd. 
Cook  V  Dobbins     Do 
Parkeson  v  Hums     Do. 
Russel  V  Gahagan     Do 
Collins  V  Dobson     Do 

Asse.  V  Clark     Do. 
Lyons  v  Hutler     Do. 
Madison,  Jun.  v  Sterling     Do. 
McMahan  v  Pritchctt     Do 
Taylor  v  Hanks     Do. 
Isaac  Cox  v  McMahan      Do 
Miller  v  Armstrong     Do 
Thomas  v  I^iinbcrt      Do 
Kni^^ht  V  Plumber      I  )o 
King  V   HaiiNcl      I  >o 
.M('(  'ashlin  v  I-.\ans      I  K) 
Holnus  \   Huston      I  'o 
M(  C'olli^tcr  V  (  \)rn       ludut. 


Minutes  of  Court  of  Yohogania  County.  381 

Decker  v  Wilson     discontd. 
Stephenson  v  Nicholas     Do 
Beeler  v  Burns     Do 
Spears  v  same     Do 

New  Pet*o. 
Baggs  V  Cumins     Judgt. 
Day  V  Wilson     agd. 
Lewis  Y  Byers     Judgt. 
Lypolt  Y  Masterson     agreed 
Vinamon  y  DaYis     agreed 
Johnson  y  Sly     abates 
Devores,  Exors.  y  Scott     discontd 

Y  Tigart     Judgt. 
Crawford  y  Hanks     discontd. 

Y  Miller     Judgt.  L.  3. 
Marshall  y  Brooks     Exor.  Judgt. 

Alias's 
Still  &  Ux  V  Wilhams     P.  C. 
Crow  Y  Pearse     N.  G.  leave  &  I'd. 
Henderson  y  Douglas     Impl. 
Wilson  &x  Exors.  y  Lynch  &:x     C.  O. 
Evans  v  Russell     P  C 
Stocker  y  Acklin     Impl. 
Bay  Y  Jackson     agd. 
Riddick  v  Ross     C.  O. 
Boley  v  Maning.      Spl.  Bl.  Jno.  Fife. 

Y  same     Do 
Brewer  &  Ux  y  Stacy     C.  O. 
Cook  Y  Beckett     agd. 
Spears  v  Beckett  &x     Hxors.  Impl. 
Dye  v  Allen  Tharp     C.  O. 
Nichold  V  Corn     Dismd  N.  Apl. 
Johnson  v  Allen  Tharp     Agd. 
Matthews  v  Ellis     Agd. 
Say  v  Dean     Spl.  Bl.  Imparl. 
(221)       Ward  Y  Clark     ^      CO 

Y  Mcllwane  <      P  C 
Crow  v  Glin     agreed 
McCuUloch  Y  Taylor     Spl.  Bl.  Impl. 


382  Annals  of  the  Carnegie  Museum. 

Whitsel  V  Wise     Dis'd.  N.  Apl. 

Pluries  Cap. 

McCormick  v  Holies     Judgt.  for  Pit.  &  Ex. 
McGlaughlin  v  Woods     Judgt.  W.  E.  L  8.  i.  4, 
Bentley  v  Vittitoe     agd. 
Workman  v  Saltsman     P  C 
Ritchie  v  Thornbury     dismd 
Reno  V  Walker     agd. 

V  same     agd. 
Norris  v  Embly     P  C 
Ross  V  Maning     P  C 
Minor,  Asse  v  Blazier     P  C 
McComish  v  Springer     P  C 
Anderson  v  Evans     C.  O. 
Steel  V  Hamilton     C.  O 
McMahan  v  Hauck     No  Impt.  discontd. 
Kearns  v  Logan     P  C 
Springer  v  Waller     agd. 
Smith  V  Gibson     Discontd. 
How  V  Genoway  ux.     P.  C 
Burns  v  Loutherback     C.  O. 
Whitsel  V  Crawford     agreed 
Beans  v  Johnson     Judgt.  for  Pit  Exn  L  21.  10. 
Harrison  v  Hall     discontd. 
Miller  v  Mitchel     P  C 

V  same     Do 
Barrackman  v  Harry     C.  O. 
V  Woods     C.  O. 
Vallandigham  v  Walker     P  C 

V  Same     CO 
Wills  V  Blackstone.     dism'd.  N.  appl. 
Lindsay  v  Smith         | 
V  Hamilton  J 
Lintenbergher  v  Oldcraft.      discontd. 
(222)        Labat  v  Smith     discontd.  N.  Imj)l. 
Pearse  v  F.vans     CO 
Laughlin  v.  Brown     P  C 
McDonald  v  Slover     agreed. 


Minutes  of  Court  of  Yohogania  County.  383 


Colwell  V  Thorn     N.  Imp.  discontd. 

Spl.  Impl. 


Kincaid  v  Henderson  | 


dismd  N.  apce. 


V  Same  j 
Caldwell  v  Mills     disd  N.  Apr. 
Cumins  v  Patterson     N.  In  dismd. 

V  Baggs     disd.  N.  Apr. 
Caldwell  v  Wray  1      p  ^ 

V  Thorn  J 
Gibson  v  Meek     P  C 
Gist  V  Alexander     agd. 
McGlaughlin  v  Piggot     N.  In     discontd. 
Hall  V  Lynch 

V  Fossett 

V  Shearer 

V  Hatfield 
Heth  V  Stokes     C.  O 
Chambers  v  Wallace     Agreed 
Gist  V  Cornwall     CO 
Forrester  v  Murphy     CO. 
Mitchel  V  Pelton     Agd 
Miller  v  Same 

Discontd 

P.  C 
Appearances 
Ferguson  v  Heth     dismt. 
Spears  v  Jones     Richard  Pauver  Spl.  Bl. 
Ward  V  Clark     C  O. 
Postle  V  Greathouse.     Als.  Caps. 
Boley  V  Folke     A'gd. 

V  Orr     S.  B.  &  Impl. 

V  Fossitt 
Stuart  V  Purdie     Als  Caps 
Miller  v  Parkeson     Als  Caps. 

V  Gutridge     Agd. 

V  Same     agd. 
Hugh  Brodie  v  Samson  Bever    S.  Impl. 

(223)       Crow  V  Watson     agd. 

Dunn  V  Stuart     Als.  Caps. 
Johnson  v  McAdams     Agd. 


V  same 

V  Humble. 


I     agd. 
I     agd. 


384  Annals  of  the  Carnegie  Museum. 

Sills  V  Bums    discontd. 

Loutherback  v  Same    dismt. 

Crow  V  Dye    Spl.  Bl.  Impl. 

Russel  V  Jackson    agd. 

Lypolt  V  Hall    agd. 

Maning  v  Slover    Als.  Caps. 

Johnson  v  Evans    Als.  Caps. 

Steel  V  Sellars    agd 

Decker  v  Jacobs    retd. 

Parkison  v  Megee  i 

f     agd. 

V  same    J       *^  ._^^ 

Morrison,  Sen,  v  Humble    agd. 
McGee  v  Parkeson  ^ 

V  same 
Parkeson  v  Megee  y 

V  same 

Douglas  V  James    agd. 

Moor  V  Richmond,     discontd. 

Dye  V  Brent    als.  Caps. 

McMahan  v  Linsin    agd. 

Parkison  v  McGee  >  . 

y     agd. 

V  same     i       " 

Campbell  v  Blackman    agd. 
Steel  V  Stephens    als. 
Bever  v  Mayhal     Co.  Or. 

V  Miller,  Sen.  &x.     agd. 
Hopkins  v  Johnson     dismd.  no  Inhabt. 
Blackman  v  Pearse     agd. 

V  Campbell     agd. 
Wilson  V  Blackman     agd. 
Blackman  v  Campbell     agd. 

(224)       Bonum  v  Sappinton     Als.  C. 
Boling  V  Wells     A  C 
Johnson  v  Lindsay     C  O 
Campbell  v  Tilton     agd. 

V  Scott     agd. 

V  Blackman     N.  I.  discontd. 
Ross  V  Blank     Discontd. 
Pearse  v  Hoiigland  &x.     agd. 


MiNXJTES  OF  Court  of  Yohogania  County. 


385 


Als*s.  Caps. 


(225) 


Magee  v  Gambill     als. 
Bousman  v  Ormsby     A.  C. 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 

V  same 
Bousman  v  Ormsby 

V  same 

V  same 

V  same 


AC 


886  Annals  op  the  Carnegie  Museum. 

y  same 

y  same 

y  same 

y  same 

y  same 

y  same 

y  same 

y  samie 

y  same 

y  same 

y  same 

y  same 
Chambeis  y  Ewalt    A  C 
Chambers  (Inft)  y  Same    A  C 
Kuykendall  y  Colyin    Imparl. 

y  Decker    A  C 
Clark  y  Clark    A  C 
y  Clark     AC 
y  Quin    A  C 
Wright  y  Bever    Impl 
Cook  y  John  McCashlin     C.  O. 
Bousman  y  Ormsby    Spl.  Impl. 
Conner  y  Sloyer    agd. 
Boley  y  Mitchel     C.  O. 
Zachy  Connell  v  Poe  &x     A  C 
Cresop's  Exors.  v  Campbell     C.  O 
Biddle  v  Good  &x     A  C 
Cresop  V  Plumber    discontd. 
Logan  V  Miller    A  C 
Devore  v  Johnson     agd. 
Johnson  &x  v  Cotes     C  O 
Evans  v  Richards     Als. 
Mathew  v  McLain     A  C 
Stockwell  V  A  B     agd. 
(226)       Thompson  v  Hopkins.     Spl.  Bl.  Impl. 
Kincaid  v  Henderson     Impl. 
Means  v  Graham     Dismt.  no  appr. 
Beeler  v  Scott     Spl.  Bl. 
Bruce  v  Hougland     agd. 


Minutes  of  Court  of  Yohogania  County.  387 

Wills  V  Quick     spl.  Bl.  Impl. 
Nicholds  V  Day     discontd. 
Shaaf  V  Douner     A  C 
Pentecost  v  Jones     C.  O 
Fosset  V  Hall     C.  O 
Lynch  v  Same     C.  O 
Crow  V  Watson     Agd. 
Johnson  v  McAdam     agd. 
Sills  V  Burns     S.  Impl. 
Crow  V  Dye     Spl.  Bl. 
Dunn  V  Stuart     Discontd. 
Spivy  V  Records     Impl. 
Marshall  v  Huff    Agd. 

Recog'ce. 
C.  W.  V  Mounce     discontd 

V  Springer     discontd 

V  Steel     disch'd. 

V  Black.     Contd. 

V  Bradley     contd 

V  the  same     Contd. 

V  Beall     Discontd 

V  Winemiller.     Ordered  that  his  recogn.  be  prose- 
cuted for  want  of  appearance. 

(227)       Commonwealth  v  James  Chambers,  failing  to  appear,  ordered 
to  be  prosecuted. 

V  David  Duncan.     Do. 

V  Moses  Davidson     Do. 

V  David  Irwin     Do. 

V  Susannah  Schley     Do 
v  Brawdv.      Discontd. 

V  Dean     Contd. 

V  John  Carr.     No.  Appl.   Ord.  R.  P. 

V  Hall     Do. 

V  Ross     Do 

V.  Smith  &  others     Discontd. 
V.  Michl.  Tygert.     No  appl.  O.  P.  R. 
Court  met  accord'g  to  adjmt,  Sept.  30,  1779. 
Present,  Thomas  Freeman,  Oliver  Miller,  Joshua  Wright, 
Judge  Beckett,  Isaac  Cox,  Gent.  Just. 


888  Annals  of  the  Carnegie  Museum. 

Grand  Jury  Presentment. 

V  Johnston  Campbell     Discontd. 

V  John  McDonald    fined  accd'g  to  Law 

V  Richd.  McMahen     Do  No  Guilty 

V  Christie     agd. 

V  Henry  Bowling    fined  according  to  Law. 

V  Roberts    fined  Do. 

V  McAdams    fined  accdg.  to  Law. 

V  Oharra    fined  accdg  to  Law. 

V  Johnston  &x    Discontd. 

V  Newkirk  and  others.     Discontd. 

V  Labatt    fine. 

V  McClellen     N.  Guilty 

V  Robertson     fine 

V  Daviss    Do 

V  Persons     N.  Guilty. 

V  McKendley     fine. 

V  Irwin     N.  Guilty 

V  Duncan     fine 

V  Flemming    fined 

V  Bealle     Do 

V  Lentenburger    N*  Guilty. 

V  Roberts     fined 

(228)       Commonwealth  v  Devoir    Abtes.  D.  Dead. 

V  Dodds     fined 

V  Judy     Do 

V  Henderson     Do 

V  McKendley     Do. 

V  Irwin     Do. 

V  Castleman     Discontd. 

V  Corn     fined. 

(  Informations  agt   Gray.    Discontd.     He 
I      adhering  to  the* state  of  Penn'a. 
Indictments. 
Lyda  v  Cox.     Then  came  a   Jury   towit.    James   Wright, 
Gabl.  Cox  Benjamin  Forster,  Thos.  Applegate  Samson  Bever 
Abraham  Miller  Ezekiel  Bernard  Andrew  Pearse,   W"  Haw- 
kins Hezekiah  Applegate   Robert   McKie,    John   Alexander. 
Verdt.  &  Judgt.  for  Pit.  L.  100. 


Minutes  of  Court  of  Yohogania  County.  389 

Hopkins  v  Johnson.     Att*. 

Judgt  for  L  80  &  Ord.  Sale  and  that  the  Sheriff  pay  to  Abi- 
gail Johnson  out  of  the  money  arising  from  the  sale  the  sum  of 
L  480  and  the  BaP*-  if  any  to  be  applied  towards  satisfaction  of 
this  Judgment. 

Johnson  v  Johnson.  Atta.  Judgment  &  Order  of  Sale, 
except  Six  bushells  of  wheat  and  all  the  Keggs  in  the  Shffs. 
return  and  the  Bed  Tick  &  one  Ax  &  i  pr.  Geers  being  the 
property  of  Abighil  Johnson,  and  the  balance  if  any  to  be  paid 
the  plaintiff.  Joshua  Wright  being  sworn  Garnishee  sayeth  he 
hath  130  1.  flour  in  his  Hands  the  property  of  the  Defendt. 

(229)  James  Boyce  &x  v  James  Grimes  &x.  N.  G.  &  Joined. 
Then  came  a  Jury,  tbwit  :  James  Wright,  Abraham  Miller 
Gabriel  Cox,  Ezekiel  Barnett  John  Alexander,  John  Quick 
Uriah  Johnston  William  Hawkins  Thomas  Applegate  Hezekiah 
Applegate  Samson  Beavers  Robert  Macky  Verdt.  &  Jugmt.  for 
Plaintiff,  L.  20. 

James  Boyce  v  James  Grimes.     Case. 

Then  came  a  Jury  towit,  James  Wright,  Gabriel  Cox,  John 
Alexander,  Uriah  Johnston,  Thomas  Applegate,  Samson  Beavers, 
Abraham  Miller,  Ezekiel  Barnitt,  John  Quick,  John  Gabridge 
Hezekiah  Applegate  &  Robert  McKey.     Verdt.  Defd. 

Ordered  that  Margaret  the  wife  of  Jeremiah  McCarty  a  poor 
Soldier  in  the  Continental  Service  from  this  State  be  allowed 
four  pounds  pr.  month  for  the  support  of  herself  and  three 
children.  To  Commence  the  first  day  of  Apl.  Last  &  Ending 
the  first  day  of  Apl.  Next. 

Anderson  &  Todd  v  Saml.  Newell.  W.  Rep.  Dismissed 
and  a  Writ  of  Restertution  (on  Returno  Habondo)  awarded. 

Ordered  that Matthews  the  wife  of Matthews  a 

poor  Soldier  in  the  Continental  Service  be  allowed  three 
pounds  per  month  to  commence  from  the  first  day  of  January 
last  and  to  continue  for  nine  months. 

Thos.  Freeman  Gent.  Abst. 

(230)  Ordered  that  George  Wrey  an  Orphan  of  Sixteen  years  of 
age  the  first  day  of  November  next  be  bound  to  John  Robert- 
son according  to  Law  the  sd.  John  to  give  him  a  horse  &  Sad- 
dle at  the  expiration  of  his  time. 

Lewis  Nicholas  v  David  Day.  Dismis'd  for  w*t.  of  appear- 
ance. 


390  Annals  of  the  Carnegie  Museum. 

Ordered  that  Benjaman  Kuykendall  Gent,  be  Irapowered  to 
Borrow  five  hundred  pounds  upon  Interest,  to  be  applied  To- 
wards Discharging  the  County  Debt,  and  that  the  Court  at  the 
Laying  the  Next  County  Levy  provide  for  the  payment 
Thereof. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  Morning 
9  oClock.  Isaac  Cox. 

Court  met  according  to  adjournment  Oct.  ist,  1779. 

Present  Isaac  Cox  Joshua  Wright  Samuel  Newell  Joseph 
Beckett  Oliver  Miller  Gent.  Justices. 

C.  Wealth  v  Andrew  Pearse.  Then  came  a  jury  towit,  Joseph 
Skelton  James  Wright  Gabl.  Cox  Wm.  Murley  Isaack  Custard 
Thos.  Applegate  John  Wall' Moses  Holaday  Saml.  Lemin  Elijah 
Rittenhouse  Richd.  McMahan  Uriah  Johnson.  Verdt.  for  De- 
fendant. 
(231)       Absent  Saml.  Newel  Gent. 

Wright  v  Kenneday.  Atta.  Judgt.  L  41,  and  Ordered  that 
40  L  be  condemned  in  the  hands  of  Edwd.  Gather. 

C.  W.  V  Mary  Boyce  Sen.  &  Mary  Boyce  Junr.  discon- 
tinued.    Costs  paid. 

Golahar  &  ux  v  Bradly,  Sen.  Ordered  that  an  Atta.  do 
Issue. 

Tacitus  Gilyard  v  Isaac  Ellis.     Ordered  to  be  redock'd. 

Com  Wealth  v  Douging.  The  Defendt.  failing  to  appear 
Ordered  that  his  Recogze  be  prosecuted. 

Sciri  Facias. 
Martha  Lapsly  v  John  Reed     contd. 
Wm.  Brashears  v  Thos.  Hamilton     Judgt. 
Bazil  Brown  v  The  Same     Judgt. 
Com  Wealth  v  James  Smith  &u.     discontd. 

Chancery. 

Thomas  Cresop  v  Willm.  Shearer,     contd. 
Joseph  Simon  &u.  v  Alexander  McKee     contd. 
Benjamin  Wells  v  Thomas  Rearden     contd. 
Ordered  that  the  Sheriff  do  Summon  a  Grand  Jury  24  good 
&  Lawfull  men,  to  attend  at  Nov.  Court. 


Minutes  of  Court  of  Yohogama  County.  391 

(232)  Present  Oliver  Miller  Gent. 

Ordered  that  Richd.  Noble  be  recommend  to  serve  as  an 
Ensign  in  Capt.  Freeman  Co.  of  militia  in  the  room  of  Wm. 
Colvin  who  was  broke  by  Verdt.  of  Ct.  Martial. 

Joshua  Wright  Sworn  Capt.  in  the  Militia.  Com.  read. 

Ordered  that  Rebecca  Davis  Orpan  &  Infant  of  Lem'l. 
Davis  be  bound  to  Isaac  Cox  according  to  Law  She  being  three 
years  old  the  i6th  Day  of  Augt.  last. 

Ordered  that  Court  be  adjourned  till  Court  in  Course. 

Isaac  Cox. 

At  a  Court  Continued  and  held  for  Yohogania  County  Oc- 
tober 25th,  1779. 

Present  Edward  Ward,  Joshua  Wright  Benjaman  Kuykendal 
Thomas  Smallman  Oliver  Miller,  Gent.  Justices. 

Colo.  Isaac  Cox  having  applied  to  us  for  a  pasport  to  re- 
move himself,  family  and  attendance  from  this  County  to  the 
County  of  Kentucky  on  the  Ohio,  It  ordered  that  the  sd. 
Isaac  Cox  have  leave  to  remove  himself  and  attendance  as 
aforesd,  he  Deporting  himself  as  a  good  Citizen  and  in  amen- 
ity with  the  United  States,  having  been  long  a  Magistrate  in 
this  County,  and  Demeaned  himself  well  therein.  It  is  Ex- 
pected that  all  good  offices  be  done  him  by  the  Inhabitants  of 
this  Com.  Wealth. 

George  Roots  &  Dolphin  Drew,  Sworn  Atty's. 

(233)  Adm.  of  the  Estate  of  Jacob  Stelty  dec'd,  is  granted  to 
Anne  his  wife  she  having  Complied  with  the  Law.  Wm. 
Frye,  Zadock  Wright,  John  Jones  &  John  Trumbo  or  any 
three  of  them  app's.  sd.  Estate. 

Deed  Poll  James  Bruce  to  George  Bruce.     Ackd.  O.  R. 

Daniel   Leet  Sworn   Deputy  Surveyor  having    Produced   a 

Commission  for  that  Purpose. 

Power  of  Att.  Morris  Brody  to  Gabriel  Cox     Ackd.  O.  R. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  morning 

9  o'clock. 

Edwd.  Ward. 

October  the  26th,  1779,  Court  met  according  to  Adjourn 
ment. 


392  Annals  of  the  Carnegie  Museum. 

Present  Edward  Want  Thomas  Smallman  Isaac  Cox  Joshna 
Wright  Samuel  Newell,  Gent.  Justices. 

Power  of  Atto.  Daniel  Swokvan  to  Geo.  Roots.  Ackd. 
O.  R. 

Thos.  Reed  v  Evert  Springer  Impal.  Granted,  Money 
Deposited  with  the  Court. 

Benjamin  Kuykendall  Gent.  Present. 

(234)  John  Embly  v  John  Crow.  Then  came  a  Jury  Towit.  Gab- 
riel Cox  John  Kinkaid,  John  Doglass,  James  Wright,  Henry 
Hogland,  John  Bowley,  John  Springer,  Hugh  Brawdy,  Zadock 
Wright,   Joseph   Perkerson,    Richd.    Crooks,  Isaac  Newkirk. 

Verdict  for  Defdt.  &  Ju. 

Fife  V  Tygert.  N.  G.  with  leave  &  Issued.  Then  came 
the  same  Jury  towit,  Gabriel  Cox,  John  Kinkaid,  John  Em- 
bly James  Wright,  Henry  Hoagland,  John  Bowley,  John 
Springer,  Hugh  Brawdy,  Zadock  Wright,  Joseph  Perkerson, 
Richd.  Crooks  &  Isaac  Newkirk.  Verdict  for  Plaintiff  & 
Jud.  L  50. 

Edward  Ward  Gent,  came  into  Court  and  being  Sworn  on 
the  Holy  Evangelist  of  Almighty  God  Sayeth,  That  Thomas 
Smallman,  Gent,  was  a  Lieutenant  and  Quarter  Master  in  the 
first  Batalion  in  the  Pennsylvania  Redgment  in  Actual  Service 
in  the  year  1758. 

Oliver  Miller  Gent.  Present. 

Philip  Gilliland  v  William  Lynn,  then  came  a  Jury,  towit, 
John  Kinkaid,  John  Embly,  James  Wright,  Henry  Hogland, 
John  Bowley,  Wm.  Crow,  Hugh  Brawdy,  Zadock  Wright, 
Joseph  Perkerson,  Richard  Crooks,  Isaac  Newkirk,  Jno.  Crow. 
Verdt.  for  Plaintiff  &  Judmt.  L  1000. 

(235)  Ordered  that  Jno.  Springer  be  Sommoned  to  appear  at  the 
Next  Court  to  shew  Cause  if  any  why  he  refused  to  Serve  as  a 
Jury  man. 

Van  Swearengen  v  William  Burris,  David  Williams  S.  B.  & 
Impl. 

Benjaman  Kuykendall  Gent,  come  into  Court  and  being 
Sworn  Sayeth,  that  in  the  Spring  of  the  year  1754  he  saw  Maj. 
Edward  Ward  on  his  march  to  Virginia  from  what  is  now  Fort 
Pitt,  that  the  sd.  Maj.  Ward  had  the  command  of  the  party  with 
him  «S:  that  he  understood  that  he  was  the  commanding  officer 


Minutes  of  Court  of  Yohogania  County.      393 

of  the  Post  at  the  aforsd.  place  as  an  officer  in  the  Virginia  line 
&  Surrendered  to  the  French. 

Todd  V  Gibson.     Saml.  Newell  S.  B.  &  Imp. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  morning 
9  oClock.  Edwd.  Ward. 

October  27th,  1779  Court  met  according  to  adjournment. 

Present  William  Crawford.  Thomas  Smallman,  Isaac  Cox 
Benjamin  Kuykendall  and  Oliver  Miller,  Gent.  Justices. 

Certificate  Adam  Stephens  to  Isaac  Cox  On  motion  ordered 
to  be  record. 

Colo.  Crawford  being  Sworn  Sayeth  that  The  sd.  Isaac  Cox 
was  a  Subaltron  Officer  in  the  Virginia  Service  in  the  year 
1764. 
(236)  Spears  v  Winemiller.  then  came  a  Jury,  Towit.  John 
Kinkaid,  John  Embley,  James  Wright,  Henry  Hogland,  John 
Bowley,  Hugh  Brawdy,  Zadock  Wright,  Joseph  Perkerson, 
Richd.  Crooks,  Isaaq  Newkirk,  John  Crow  &  William  Crow. 
Verdi 't.  for  Plaintiff  &  Judmt  for  L  19. 17.4. 

Crow  V  Williams.  Then  came  a  Jury,  towit,  Enoch  Springer, 
John  Springer,  Andrew  Robertson,  Thomas  Spencer,  Saml. 
Devoir,  Saml.  St.  Clair,  Samson  Beavers,  Saml.  Hinch,  Saml. 
Brice,  Robert  Johnston,  Elisha  Ritinghouse  &  Moses  Holliday. 
Verdi't  for  plaintif  &  Jdm.  L  300. 

Joshua  Wright  Gent.  Prest. 

Spears  v  Gist.  Then  came  a  Jury  towit.  John  Kinkaid, 
John  Embly,  James  Wright,  Uriah  Johnston,  John  Bowley, 
Hugh  Brawdy,  Zadock  Wright,  Joseph  Perkerson,  Richd. 
Crooks,  Isaac  Newkirk,  Thomas  l^ond,  William  Crow.  Vedt. 
for  plaintiff  &  Judm  L   11.  16. 

Crow  V  Dye     Non  asstn.  <!!s:  I'd. 

Brawdy  v  Beavers.      N.  G.  leave  &  Jo'nd 

Wright  V  the  same.      N.  Asst  &  Jo'nd 

Ordered  that  the  wife  of  John  Overlin  a  poor  soldier  be  al- 
lowed fifteen  pounds  pr.  month  for  the  support  of  herself  and 
five  Children  commencing  the  first  day  of  July  Last  and  ending 
the  first  of  January  Next. 

Ordered  the  wife  of  David  Smith  a  poor  soldier,  be  allowed 
twelve  pounds  pr.  month  for  the  suppurt  of  herself  and  four 
Children,  Commencing  &  ending  as  afores'd. 


394  Annals  of  the  Carnegie  Museum. 

Ordered  that  the  wife  of  Thomas  Dunn  be  allowed  twelve 
pounds  pr.  month  for  the  support  of  herself  and  four  children 
Commencing  the  first  of  July  Last  &  ending  the  first  of  Janu- 
ary next. 

Ordered  that  the  States  attorney  Prefer  a  Bill  of  Indictmt. 
agt.  David  Williams  for  ass't  on  the  Body  of  Elizabeth  Crow. 

Ordered  that  Ezuby  Munn  be  aHo'd.  two  Days  attendance 
in  the  suit  of  Crow  v  Williams. 

Ordered  that  Jacob  Bouseman  be  allo'd.  half  a  Dollar  for  a 
roan  &  the  same  for  a  Horse  for  ferrying  a  Cross  Monongahela. 
(237)       Berry  v  Crawford.     Non  Asst  &  Jo*nd. 

Meers  v  Hooper    Dis.  Contd. 

Same  v  Same.     Do. 

Hooper  v  Myers.     Do. 

Kinkaid  v  Henderson.     N.  G.  leave  &  Jo'nd. 

Same  v  Same     Do. 

Johnston  v  Springer    Judmt  W.  Ey. 

Bouseman  v  Ormsby.     In  Tresp.     Dismd. 

Ordered  that  John  Lad  serve  his  master  Wm.  Crawford, 
Eighteen  month  after  the  Expiration  of  his  Time  by  Ind'tr.  for 
Loss  of  Time  in  runing  away  and  Expence  in  Taking  him  up. 

James  Hoge  is  app.  Ensign  &  Joseph  Kirkpatrick  Liut.  of 
Militia. 

Ordered  that  Court  be  adjourned  untill  Court  in  Course. 

Tho.  Smallman. 


(238) 


At   a  Court  Continued   and   held   for  Yohogania  County, 
December  27th,  1779. 

Present  Edward  Ward,  Benjaman  Kuykendal,  Joshua  Wright, 
Benjaman  Frye  &  Joseph  Beckett  Gent.  Present. 

Deed  of  Surrender  Pentecost  to  [ ?]     Ackd.  O.  R. 

Indenture  Elenor  Frazer  to  James  Mf.Mahen.     Ackd.  O.  R. 

Oliver  Miller  Gent.  Present. 

On  motion  of  Michael  Vonbuskkirk  praying  a  Certificate  of 
his  Military  Services,  It  appears  to  this  Court  (from  Testimony) 
that  the  said  Vonbuskkirk  Served  as  an  Insign  under  a  Com- 
mission now  produced  in  Court,  from  his  Excellency  Horatio 
Sharpe  Governor  of  Maryland,  dated  the  2°**  of  May,  1756, 
in  a  corps  raised  by  Alexander  Bealle  for  the  Service  of  Mary- 


Minutes  of  Court  of  Yohogania  County.  395 

land,  and  that  the  sd  Vonbuskkirk  hath  for  many  years  past 
and  now  is  an  Inhabitant  of  this  State.     Ord.  to  be  Certif  *d. 

Ordered  that  James  Wall,  Walter  Wall  Richd.  Sparks  & 
Andrew  Pearce  Ju.  do  Review  a  road  the  nearest  and  best  from 
the  New  Store  on  the  Monaungohela  River  into  the  road  near 
Andrew  Dye's,  and  make  return  of  the  Conveniency  and  In- 
conveniences to  next  Ct. 

Riddeck  v  Springer.     John  Springer  Sp.  bl. 

Majr.  Edward  Ward  having  applied  to  this  Court  to  Certifie 
his  Gen'l.  Character,  It  is  oVdered  therefore  to  be  Certified. 
That  the  sd.  Maj.  Edward  Ward  hath  been  a  Justice  of  the 
Peace  in  this  County  since  its  Institution,  and  Demeaned  him- 
self wel  therein,  as  also  in  the  Ofice  of  Sheriff  for  sd.  County, 
and  that  he  has  always  deported  himself  as  a  Good  Citizen  of 
the  Com.  Wealth,  &  as  an  honest  Man  and  a  good  Neighbour. 

Ordered  that  Walter  Wall  and  Joseph  Warner*  be  app*d. 
Cons' b.  and  be  sworn  before  the  Next  Majistrate  to  Qualify. 

Ordered  that  Court  be  adjourned  untill  Tomorrow  Morning 

9  oClock. 

Edwd.  Ward. 

(239)       Court  met  according  to  adjournment  Decemb.  28th,  1779. 
Present  Edward  Ward,  Benjaman  Kuykendal  Joshua  Wright 
Oliver  Miller,  Gent.  Justices. 

License  is  granted  to  Gabriel  Cox  to  keep  an  Ordinary  at  his 
House  the  Ensuing,  he  complying  with  the  Law. 
Dr.  The  County  of  Yohogania, 

To  the  States  attorney,  L  500. 

To  the  Sheriff  for  Ex[?].  Services,    1200  To. 
To  three  called  Courts,  600 

To  the  Clerk  for  Ex[?]  Services,       1200.  Do 
To  three  Called  Courts,  600.  Do. 

Ordered  that  the  Sheriff  collect  forty  Eight  Shillings  from 
each  Tithable  as  a  County  Levy  for  the  present  year. 

Ordered  that  Samuel  Irwin  Gent,  be  appointed  attorney  for 
the  Com.  Wealth  in  this  County  the  ensuing  year,  in  the  room 
of  Phil.  Pendleton  Gent,  who  has  resigned. 

Inventory  of  the  Estate  of  James  Devoir  Deceas'd  retd. 
Order  to  be  recorded. 

^  Intended  probably  for  Joseph  Warne. 


396  Annals  of  the  Carnegie  Museum. 

Ordered  that  Elizabeth  Keyher,  widow  of  Frederick  Keyher 
a  soldier  from  this  State  who  died  in  the  Service  be  allowed 
fifteen  pounds  pr.  month  for  the  support  of  herself  and  four 
children,  commencg  the  26th  of  Octob.  and  ending  26  Apr. 
next. 

Ordered  that  Ruth  Davis  widow  of  James  Daviss  a  soldier 
who  died  in  the  Service  be  allowed  Twelve  pounds  pr.  month 
for  the  support  of  herself  and  three  children,  commencing  the 
26^^  of  Octob' r.  Last  and  ending  the  26  day  Apl.  next. 

Ordered  that  Geo.  McC6rmick  and  William  Harrison  Gent, 
the  present  and  late  Sheriffs,  do  bring  in  their  accounts  for 
settlement  at  the  next  Ct. 
(240)  Division  and  allotment  of  the  one  third  of  the  Landed  Es- 
tate of  James  Devoir,  Deceased  to  his  widow  or  Relict, 
returned  and  O.  R. 

At  a  Called  Court  held  for  the  Trial  of  David  Donee  who 
stands  charged  with  passing  one  eigh  and  one  five  Dollars, 
continental  Counterfit  Bills  of  Credit. 

Prest.  Edwd.  Ward,  Benj.  Kuykendal,  Joshua  Wright,  John 
Cannon,  Saml.  Newel,  Joseph  Becket,  Benj.  Frye  &  Oliver 
Miller. 

The  prisoner  being  set  to  the  Bar,  and  being  asked  guilty  or 
not  Guilty  pleads  not  guilty,  the  Court  upon  hearing  the  wit- 
nesses are  of  opinion  that  the  prisoner  is  not  Guilty  of 
Forgery  or  counterfeiting  but  that  he  is  Guilty  of  a  high  Mis- 
demeaner,  and  fraudulent  Imposition.  Ordered  that  the  said 
David  Donee  be  bound  over  to  the  next  Grand  Jury  Court  and 
that  the  States  Attorney  prefer  a  Bill  of  Indictment.  Where- 
upon the  said  David  Donee  with  Hugh  Brawdy  and  Stephen 
Hall  his  Security  come  into  Court  and  entered  into  recogn. 
as  aforesd.  The  sd  Donee  held  in  L  500  the  sd  sureties  in 
L  250  Each. 

Daniel  Caugha  &  John  Cannon  come  into  Court  and  en- 
tered into  recognizance  for  the  appearance  of  the  sd.  Caugha, 
appearance  at  the  next  (jrand  Jury  Court,  and  give  testimony 
agt.  David  Donee,  held  in  L  250  each. 

Berry  v  Crawford     Contd. 


Minutes  of  Court  of  Yohogania  County.  397 

James  Spear  being  bound  in  recognizance  appeard.  Ordered 
to  be  bound  to  the  next  G.  Jury.  James  Spears  with  Andrew 
pearce  Ju.  his  seer,  held  L  500  each. 

John  Brackenridge  bound  in  recgn.  appd.  Ordered  to  be 
bound  to  Next  G.  Jury  Ct.  John  Brackenridge  with  James 
Brackenridge  his  Sec.  come  into  Cot.  held  in  L  500  Each. 
(241)  Whereas  John  Campbell  Esqr.  Lieut,  for  this  County,  is 
now  a  Prisoner  with  the  Indians,  and  it  is  uncertain  when  he 
may  return  to  Take  the  Command  of  the  Militia  of  this 
County,  upon  considering  the  same  and  the  present  situation 
of  the  Melitia  of  this  County,  it  is  the  opinion  of  this  Co't.  that 
it  is  Necessary  that  some  person  should  be  appointed  in  the 
stead  of  the  said  Colo.  Campbell,  ik:  it  is  therefore  ordered 
that  Dorsey  Pentecost  be  recommended  to  his  Excell.  the 
Governor  as  a  proper  person  to  be  appointed  in  the  stead  of 
the  sd.  Colo.  Campbell.* 

Ordered  that  Joseph  Beeler  be  recommend  as  Colo,  of  the 
First  Batalion  of  Militia  in  the  stead  of  John  Stephenson  who 
hath  resigned,  the  sd.  Joseph  being  Colo,  of  the  sd.  Battalion. 

William  Harrison  is  recommd.  to  the  Governor  as  a  proper 
person  to  serve  as  Lieut.  Colo,  of  sd.  Battalion  in  the  sd.  of 
the  sd.  Joseph  Beeler,  the  sd.  William  being  Majr.  ofsd.  Batta. 

George  Vallandingham  is  recomd.  as  Colo,  of  the  2"'*-  Bat- 
talion in  the  stead  of  Isaac  Cox  who  hath  res'd.  the  said  George 
being  Lut.  Colo.  ofsd.  Battalion. 

Gabriel  Cox  is  appointed  Lieut.  Colo,  of  the  2°'*-  Battalion 
he  being  Maj.  Thereof. 

Ordered  that  Colo.  Joseph  Beeler  furnish  the  next  Court 
with  a  List,  Seniority  and  rank  of  the  Caps,  of  the  Militia  of 
the  first  Battalion  This  County  in  order  to  Enable  the  Court  to 
proceed  to  the  choice  of  majors  of  the  Melitia.  and  Colo. 
Vallandingham  of  the  second  Battalions. 

Ordered  that  Benjaman  Kuykendal  be  appointed  to  contract 
with  some  person  to  bring  up  two  Hundred  Bushels  of  Salt 
which  now  lies  at  Alexandria  in  the  house  of  Joseph  Watson, 
belonging  to  the  County,  and  that  John  Cannon  assign  an 
Order  relating  thereto  that  he  has  in  his  hands  to  the  sd.  Ben- 
jaman Kirkendall. 
*  This  was  the  John  Campbell,  one  of  the  gentlemen  justices  of  the  court. 


AmiALs  or  vak  CAsmoii  Hvsbdu. 


Otdend  dHt  Court  be  sdjottnwd  Til  Covtt  in  Coarse. 

JOBM  Cakoh. 

(143)  At  a  Called  Court  hdd  Hw  tSth  diy  of  Jtimuy  1780  for  the 
EuuninstkNS  <rf  David  I4iu)m7  and  Tbomaa  PearcenI  who 
■tvndt  duuyect  villi  Psjaiy. 

Pnaent  Edwaid  Ward  William  Goe  BcDJaman  Frye  Joaeph 
Bedwtt  J<An  CaaiMMi,  Jodhtta  Wright  Gent  Josdces. 

The  Prnonm  beii^  act  tt>  the  Bar  pleadi  not  Goiltjr,  but 
tbejr  refaaing  to  go  throo^  the  Examination  before  the  Ex- 
Mnistng  Comt,-o8ered  to  Bntn  into  Recognizance  to  ap- 
pear before  the  next  Genl.  Court,  Ordered  that  they  Enter 
into  recogniaanoe  Bccndingly.  Wherenptm  the  aaid  David 
Xindaey  with  Hoity  Reney  &  Tidiiaa  Mattocki  hk  Securitya 
enter  into  recogniie  as  aforead,  the  sd.  David  beld  in  L  1000 
and  his  Secnr*y.  in  L  500  Each,  and  the  said  Henry  Kearsey ' 
enten  aecnrities  for  the  penonalappeaimnceof  thesaidlliomas 
as  aforesaid  beld  in  L  1000.  Joba  ^ringer  with  Isaac  Sprin- 
ger his  Surety  enter  into  recognizance  for  the  Penonal  appear* 
ance  of  the  sd.  John  at  the  next  Gen.  Ct  to  Testify  agt  the 
m).  David  &  "niomaa, 

J<^  Spriagn  Surety  for  Enoch  Springer  as  aftd.  held  as 
aforesaid. 

Joseph  Ross  with  John  Springer  his  Security  held  as  a^. 
Edwd.  Ward, 

(243)       At  a  Court  held  for  Vohogania  County  January  24th  1780. 

Present  Edward  Ward  John  Cannon  Benj.  Kuykendall, 
Joshua  Wright  Gent.  Justices. 

Ward  V  Broadhead.     C.  O. 

Administn.  of  the  Estate  of  Potter  Smith  dec,  is  granted  to 
William  Brown  he  having  complied  with  the  Law. 

John  Munn,  John  Hopkins,  John  Collings  &  Levingston 
Thomas  appointed  Appraisers  to  sd.  Estate. 

Ordered  that  Isaac  Justin,  John  Chamberlain  William  Bruce 
&  W°-  Mayhall  be  allowed  175  lb  of  Tob'o.  for  7  days  attend- 
ance as  a  Guard  on  a  prisoner,  84  dollars  Each  for  finding  their 
own  provisions,  and  that  the  Sheriff  pay  the  same. 

Ordered  that  Joseph  Perkerson  be  sommoned  to  Next  Court 


Minutes  of  Court  of  Yohogania  County.  399 

to  Shew  Cause  why  he  detains  James  Drenning  as  a  Servant 
who  alleges  he  is  a  free  person. 

George  Heart  v  Jacob  Trowbough,  the  plaintiff  failing  to 
appear  the  Defd.  prays  not  suit  for  want  of  security  for  Costs, 
which  is  accordingly  granted. 

Ordered  that  Court  be  adjourned  until  Court  in  Course. 

Edwd.  Ward. 

(244)       At  a  Court  held  for  Yohogania  County  February  the  28th, 
1780. 

(Present)  John  Cannon  Benjaman  Kuykendall  Joshua  Wright 
Samuel  Newell  Gentl.  Justices. 

Samuel  McKay  heir  of  AEneas  McKay  deceased  proved  to 
the  satisfaction  of  this  Court  that  his  said  Father  was  a  Depy. 
Commissary  under  Genl.  Commissary  Leake  in  the  Service  of 
the  King  of  Great  Britain  in  the  years  1771  and  1772,  and  that 
the  said  McKey  has  been  a  residenter  in  this  State,  and  has 
never  recv'd.  any  warrants  for  Lands  under  the  sd.  King's 
Proclamation  of  1763,  and  Ord.  to  be  Certified. 

At  the  request  of  Ann  Hammon  Ordered  that  her  son  Isaac 
Hammon  be  bound  to  Isaac  McMichael  until  he  arrive  at  the 
age  of  21  years  being  now  5  years  of  age,  and  that  the  sd.  Mc- 
Michl.  teach  him  to  read  wright  «^  cipher  as  far  as  the  rule  of 
three,  also  trade  and  Mystery  of  Husbandry  and  give  him  one 
new  suit  of  Cloth,  a  Bible,  Grubing  how  and  ax,  at  the  expira- 
tion of  sd  Term. 

Samuel  Semple  proved  to  the  satisfaction  of  the  Court  that 
he  served  as  a  Captain  in  a  Corps  of  rangers  in  the  Pennsy'a. 
Service  in  the  Last,  and  is  Intitled  under  the  Kings  Proclama- 
tion of  1763. 

Walker  v  McMahen.  Order  for  Dedemus  to  Take  Deppo- 
sitions. 

John  Ormsby  proved  to  the  satisfaction  of  the  Court  that  he 
served  as  Commissary  in  the  Service  of  the  Crown  of  Great 
Britain  in  the  years  1758  &  1759  &:  60,  and  that  he  has  never 
obtained  any  warrant  for  lands  under  the  sd.  Kings  Proclama- 
tion of  1763. 

Philip  Pendleton  Asse.  of  John  Ormsby  prov'd.  as  afsd. 
that  the  said  John  Ormsby  serv'd.  as  Paymaster  in  the  service 
afsd. 


400  Annals  of  the  Carnegie  Museum. 

On  the  application  of  Catherine  Doblin  who  /is  afflicted  with 
convuladTe  fits  which  render  her  Incapable  of  Procuring  her 
Subsistence^  Ordered  that  Ricfad.  McMahen  agree  with  some 
person  to  provide  her  with  Necessary  Subsistence  untill  the 
Next  Court. 

Andrew  Heath  Sworn  Deputy  Clerk. 
(245)      George  IfcCarmick  proved  to  the  satis&ction  of  the  Court 
that  he  served  as  an  Ensign  in  a  Company  of  rangers  in  the 
Virg'a.  Service  in  1764  and  that  he  has  never  rec'd  any  pre* 
miums  for  sd.  Service  under  the  Procl.  of  1763. 

Thomas  Smallman  Gent^  one  of  the  Justices  of  the  peace  for 
this  County,  Proved  to  the  satis&ction  of  the  Court,  that  he 
was  an  Ensign  Penna.  redgment  in  the  year  1756,  and  that  he 
never  received,  any  warrant  or  other  Bennifeet  under  the  Kings 
Proclamation  of  1763. 

Same  as  Lieut,  in  the  first  Penna.  Redgmt.  in  1756. 

Same  aslieut  of  Cavalry  in  the  year  1757. 

George  Roots  &  Charls  Wier  Thruston,  asse  of  sd.  Small- 
man,  pro'd.  as  Capt.  in  the  first  Pen' a.  Redgmt.  in  the  year 
1760. 

Same  as  AelBe.  <^  the  same.  Indian  Agent  at  fort  Charters 
in  the  year  X  761. 

Wm.  McCarmick  as  Lieut,  in  a  Virginia  ranging  Compy.  in 
the  year  1764. 

Judy  V  Boyce.     James  Grayham  SI.  B.  &  Impl. 

Vannatree  v  Grimes.     W"-  Boyce.     Spl.  B.  &  Iml. 

Win.  TuUy  and  Charles  Records,*' his  Sec'y,  being  bound 
in  Recgn.  and  failing  to  appear  Ordered  to  be  prosecuted. 

Thomas  Smallman,  John  Cannon,  George  Vallandingham 
Gent,  are  recommended  to  the  govern,  to  appoint  one  as 
Sheriff  the  Ensuing  year. 

Bargain  &  Sale.  Dorsey  Pentecost  to  John  Hombler.  ackd. 
&  O.  R. 

Ordered  that  ferry  keeps  on  the  Monongahela  River  be 
allowed  three  dollars  for  ferrying  a  man  &  Horse. 

Moore  v  Reddeck.     Disctd.  plaintiff. 

Joseph  Perkerson  being  Summoned  to  shew  cause  why  he 
detains  James  Denning  as  a  Servant  appeared  and  after  hearing 
the  allegations  of  the  parties  the  Court  are  of  Opinion  that  the 


Minutes  of  Court  of  Yohogania  County.  401 

sd  "Drenning  is  a  free  person  and  is  hereby  Discharged  from 
any  farther  Service. 

(246)  Alexander  Fowler  proved  to  the  satisfaction  of  the  Court 
that  he  serv*d.  as  Lieut,  in  the  74**'-  Redgmt.  in  the  British 
Service  in  America  in  the  Last  War,  and  contd.  therein  to  the 
end  of  sd.  War,  and  that  he  never  Reed,  any  Benefiet  under 
the  Kings  procl.  of  1763. 

Alexd.  Fowler  assee.  of  Leut.  George  Brock  proved  as 
aforesd. 

Alexd.  Fowler  Asse.  of  Leut.  Anguish  McNeill,  p'd.  as  afsd. 

Alexd.  Fowler  .Assine  of  Leut.  Henry  Dolway.  Prov'd.  as 
afsd. 

Alexd.  Fowler,  Asse.  of  Leut.  Butler  Stubbs.  Provd.  as 
afsd. 

John  Gibson  Gent,  one  of  the  Justices  of  the  peace  for  this 
County  prov'd.  to  the  Satisfaction  of  the  Court  that  he  s'd.  as 
a  Deputy  Commissr.  in  the  Service  of  Great  Brittain  at  Fort 
Pitt  in  the  year  1760,  and  that  he  has  Never  rec'd.  any  Bene- 
fiet under  the  kings  procl.  of  1763. 

Bargain  and  Sale  James  Swolevan  to  Robert  Campbell, 
ackd.  O.  R. 

James  Colvin  prov'd  to  the  satisfaction  of  the  Court  that  he 
serv'd.  as  Ensign  in  a  Company  of  Volunteers  in  the  Virga. 
Service  in  the  year  1764,  and  that  he  never  reed,  any  Bene- 
fiet under  the  kings  procl.  of  1763. 

Oliver  Miller  Gent,  being  bound  in  recognizance  appeared 
in  Court,  and  after  hearing  the  Evidences  are  of  Oppinion 
that  the  sd.  Miller  be  discharge  from  his  rccogn. 

Ordered  that  Court  be  adjourned  untill  Court  in  Course. 

Bknja.  Kuvkendall. 

At  a  Court  held  for  Yohogania  County  March  the  27th,  1780. 

Present,  Wm.  Crawford,  Joseph  Beeler  Edwd.  Ward,  Jos. 
Wright,  Thos.  Smallman  Geo.  Valandigham,  Gentlemen 
Justices. 

(247)  On  Motion  Admn.  is  granted  to  Catherine  Hull  up.  the 
Estate  of  Francis  Hull  dec'd. 

Ordered  that  James  Enis,  James  Shane,  W"'-  Ward  8z  W™ 
Jenkins  or  any  three  of  them  being  first  sworn  do  appraise  the 
same. 


L 


Annals  uf  the  Cakneuie  Musel 

Ordered  that  she  enter  into  Bond  &  security  f<Jr  ihe  due 
adminihiralion  thereof  in  a  bond  for  thirty  thousand  pounds, 
which  was  entered  into  accordingly. 

Present  Richd.  Veatcs. 

On  the  motion  of  Toliias  Woods  ordered  that  the  Admrn. 
Bond  of  John  Stephenson  Admr.  of  Jeremiah  Woods  be  put  in 
Suit. 

On  Motion  Adtnn.  is  granted  Lewis  Williams  of  the  Estate 
of  Win.  Wms.  dec'd.  &  that  he  enter  into  bond  with  Security 
for  Ihc  siini  of  len  thousand  pounds,  &  that  W'"  Dunn,  Joseph 
Clem  Thos.  Mercer  &  Andw.  Baker  or  any  three  first  sworn  do 
apjiraisc  the  same. 

Ordered  that  Jno.  Cannon  &  Richd.  Veates  Gentlemen  do 
examine  &  settle  the  administrators  accl.  of  the  estate  of  Peter 
Smith  deed. 

W'°  Parkeison  v  Benj.  Tomiinson.  Thos.  Kdgingion  Spl, 
Bull. 

Ordered  that  Joseph  Cox  be  bound  in  the  sum  of  ten 
thousand  pounds  with  two  securities  to  appear  at  the  next 
Grand  Jury  Court  to  answer  for  stab'g,  Jno.  Elliott,  himself 
in  the  sum  of  ten  thousand  pounds  &:  the  securities  in  the 
sum  of  five  thousand  each  &  that  he  Cox  be  of  good  behaviour 
in  the  mL-anlime. 

Ordered  that  Jno.  Elliott  be  recognized  to  appear  at  the 
next  Grand  Jury  Ct.  to  give  evidence  v  Joseph  Cox,  in  the 
sum  of  five  thousand  pounds  w'ch  is  done  accordingly  &c. 

Joseph  Cox  entered  into  Recognizance  in  Ihe  sum  of  len 
thousand  pounds  &  Jas.  Innis  &  Hugh  Scott  his  securities  in 
(248)  the  sum  of  five  thousand  pounds  each,  that  the  sd.  Cox  appear 
at  the  next  Grand  'Jury  Court  to  answer  the  Complain  for 
stabing  Jno.  Elliott,  &  that  he  be  of  good  behavior  in  the 
meantime. 

Ordered  that  it  be  certified  that  Edwd.  Ward  Gentleman 
Acted  as  a  Captn.  in  the  1"  Pensylv.  Baitalian  in  the  years  57 
&  58,  &  as  a  Lieuten.  56  &  57  &  as  an  Indian  agent  in  Service 
of  the  Crown  in  the  years  60.  61.  62  &  that  he  has  had  no  satis- 
faction for  the  same  from  the  K.  of  G.  B.  proclamation  of  63. 

Same  that  Andw.  Vaughan  served  in  the  Virga  Rejiments  in 
the  year  S5  as  a  sirgeant  &  as  above. 


Minutes  of  Court  of  Yohogania  County.  403 

Same  Andw.  Rote  served  at  the  same  time  as  a  private  &c. 

Ordered  that  Thos.  Miller  be  appointed  a  Constable  in  the 

room  of  W"  Benwich  for  1780. 

Ordered  that  the  Court  adjourn  un^till  tomorrow  morning  10 

oClock. 

W.  Crawford. 

At  a  Court  Continued  &  held  for  the  County  of  Yohogania 
March  28th,  1780. 

Present  Edwd.  Ward  William  Goe  Thos.  Small  man  Richd. 
Yeates,  Gentlemen  Justices. 

(249)  Ordered  that  Andrew  Heth  do  agree  by  Auction  to  the 
lowest  bidder  with  some  person  to  repair  the  Court  house  and 
Jail  likewise  to  errect  a  Pillory  &  Stocks  as  soon  as  possibly 
may  be. 

Bazil  Brown  v  Robt.  Hamilton,  Thos.  Hamilton  Spl.  bail 
&  impl. 

Ordered  that  Saml  Wells  be  summoned  to  appear  before  the 
next  Court  to' answer  the  Petition  of  Ann  Wells  his  wife  & 
that  attachment  Issue  that  he  give  security  to  appear  &  abide 
the  order  of  Court  &  that  he  be  of  the  peace  toward  the  sd 
Ann  and  all  other  good  subjects  of  this  Commonwealth. 

Upon  the  Complaint  of  James  ODonald  that  Andrew  Dun 
serjt.  and  John  Shey  soldier  did  grossly  beat  abuse  &  other- 
wise ill  treat  him  the  sd  ODonald.  Ordered  that  Col'o.  Broad- 
head  be  requested  to  have  the  sd  Soldiers  delivered  to  the  Civil  I 
Authority  to  be  dealt  with  according  to  Law. 

License  granted  to  John  Collins  to  keep  a  Tavern  he  com- 
plying with  the  law. 

Ordered  that  Capt.  Thomas  Freeman  be  recommended  to  the 
Governour  as  a  Majr.  in  the  first  Yohogania  Battalion  in  the 
Room  of  Majr.  W'"  Harrison  promoted. 

Ordered  that  Captn.  Matthew  Richie  be  recommended  to 
the  Governour  to  serve  as  Majr  in  the  2**  battalion  of  Yohogania 
County  in  the  Room  of  Majr  Gabl.  Cox  promoted. 

Ordered  that  Hezekiah  M'Gruder  be  rec'd.  as  Captn  in  the 
1st  Batt'anl  in  the  room  of  Captn.  Freeman  promoted. 

(250)  Ordered  that  George  Redman  be  recommended  as  a  Captn 
in  the  2d  Battalian  in  the  room  of  Captn  Philip  Ross  resigned. 


■fyiJr 


"■■sC-    ^^      .'  n 


404  Annals  of  the  Carnegie  Museum. 

Bazil  Brown  v  Thos.  Hamilton,  Joseph  Parkison  SpL  Bail 
&  imp. 

Ordered  that  John  Johnson  be  Recommended  Capt.  in  the 
room  of  Ct.  John  Crow. 

Ordered  that  Andrew  Dye  be  recommended  first  Lut.  in  the 
room  of  Elija  Hart. 

Ordered  that  Uriah  Johnson  be  recommended  2d  Lieut  in 
the  room  of  Wm,  Crow. 

Ordered  that  Samuel  Devore  be  recommended  as  Ensgn  in 
the  room  of  John  Johnson  prom'td. 

Jas.  M<£lellin  v  Thos.  Cummins,  Gabriel  Cox  Spl.  Bail  &  imp 

Bawline  v  Norris.     dismd. 

On  the  Motion  of  James  Richason  that  the  Shf  had  attachd 
sundry  goods  in  the  hand  of  Garnishees  upon  the  Supposition 
they  were  W"^  L3mn's,  Ordered  that  the  sd  Goods  be  released. 

Ordered  that  Jacob  Bousman  be  allowed  six  dollars  ferriage 
for  a  man  and  horse,  three  for  each. 

Ordered  that  all  tUe  Ferry  keepers  of  this  County,  Jacob 
Bousman  excepted,  do  receive  four  dollars  ferriage  for  one  man 
and  one  horse  &  no  more. 

Ordered  that  Peter  EUrod  be  allowed  Sixty  doll"'  pr.  week 
for  two  montlB  for  boarding  &  Lodg  Catherin  Devilin. 
(251)       W"-  Christy  proved  his  title  to  Military  Service  as  ensign  in 
the  first  Pensylv.  Regement.  &c  &c.  1760. 

W""-  Evans  proved  his  title  to  military  service  as  Artificer 
by  warrant  from  the  year  58  to  63  &c. 

Hawkins  v  Clerk     discontd. 

Colwell  V  Lynn     same. 

Ordered  that  Nathaniel  Brown  be  allowed  Eighty  pounds  for 
maintaining  Christopher  Deklin  four  months  past. 

Brawdy  v  Beaver  peremtory  rule  to  try  at  next  Court. 

Jno.  McClure  proved  his  title  to  Military  Service  as  an  En- 
sign in  the  first  Pennsylv.  Regiment  in  the  year  1760  &  never 
has  sold  the  same  &c. 

Whiteside  v  Girty.  Then  came  a  Jury  towit,  Gabl  Cox  Jno 
Johnson  Jos.  Wright,  Jno  Wall,  Saml  Devoir  Stephen  Hall, 
Elija  Rittenhouse  W™  Crow,  Andw.  Dye,  Henry  Newkirk, 
James  Spears,  Andw.  Pearce.  Verdict  for  plf.  170  Damages 
&:  Judgmt. 


Minutes  of  Court  of  Yohogania  County.  406 

Dedimus  to  take  the  deposition  of  Thos.  Talbott  to  perpetuate 
his  Testimony  respecting  a  piece  of  Land  on  which  Matthew 
Ritchie  now  lives. 

Johnson  v  Springer  W.  I. 

Day  V  Stanberry.  Then  came  a  Jury  towit  Zadock  Wright, 
Jas.  Brice,  Robt.  Johnson,  Thos.  Applegate,  Tobias  Mattocks, 
Tobias  Deckart,  Jas.  Ferguson,  W"-  Redick,  Sampson  Beavers, 
John  Munn  Antony  Dunlavy  Thos.  Hambleton,  find  for  the 
Pit.  L  50  dam.  &  Judgmt. 

(252)  James  Stevenson  proved  his  Service  as  a  Lieuten.  in  a  rang- 
ing Compy  &c.  74. 

Wm.  Harrison  proved  he  Servd.  as  a  Lieutnt.  in  the  year  74 
in  a  ranging  Company  &c. 

Jno.  Stephenson  served  as  a  Captn.  in  a  Ranging  Company 
in  74. 

John  Hinkston  served  as  a  Lieutn.  in  a  Ranging  Company 
in  74  &c. 

Marcus  Stevenson  served  as  an  Ensign  in  a  Ranging  Com- 
pany in  74  &c. 

William  Crawford  proved  he  served  as  a  Lieut,  of  Light 
Horse  in  1758  &c. 

William  Crawford  proved  his  Services  as  a  Majr  of  Rangers 
1774  &c. 

Administration  granted  to  W°-  Park  of  the  estate  of  James 
Park  deed,  he  giving  Security  according  to  Law. 

Joseph  Vance  Henry  Graham,  Thos.  Stoms  William  Van- 
usan  appointed  to  appraise  the  same  being  first  sworn. 

Ordered  that  Geog.  Scott  Orphant  be  bound  to  David  Gaut 
to  learn  the  art  of  Tanning  trade  &c. 

Ordered  that  John  Scott  Orphant  be  Bound  to  John  Cannon 
Gent. 

George  Valandigham  Proved  to  the  satisfaction  of  the 
Court  that  he  Served  as  Lieut,  under  L.  Dunmore  1774. 

John  Robinson  as  Capt.  same. 

(253)  Thos*.  Warrin  proved  that  he  served  as  Insign  under  Capt. 
Cresop,  in  the  year  1774. 

John  Lemon  v  Tobias  Mattocks.  John  McComis  Sp.  Bl. 
&  Impl. 

Joseph  Becket  proved  that  he  served  as  Lieut,  in  the  year 
1772  under  Lord  Dunmore. 


406  Annals  of  the  Carnegie  Museum. 

John  James  Wood,  same. 

Ordered  that  John  Wright  be  returned  as  Constable  in  David 
Andrews  District  in  the  room  of  Tobias  Mattocks. 

Ordered  that  Gersham  Hull  be  appointed  Constable  in  Capt. 
Thos.  Bays  district. 

Zadock  Wright  proved  to  the  satisfaction  of  the  Court  that 
he  served  as  Lieut,  under  Ld.  Dunmore  74. 

The  same  as  Serjt.  in  a  Rangin  Company  in  64. 

George  Berry  the  sam.  under  Ld.  Dunmore  in  74. 

Tater  Elrod  vs  Elijah  Hart.     Atta.  Isued. 

Fantlyroy  Seal  vs  Aquilla  Whittaker.     Atta.  Isued. 

Ordered  that  Isaac  Israelos  be  appointed  Overseer  of  half  the 
road  Leading  from  Pentecost's  Mill  to  Cattfish  Camp^  in  the 
room  of  Jno.  McDonel. 

Ordered  that  Richd.  Johnson  be  appointed  Overseer  of  the 
road  from  Devoirs  Ferry  to  where  the  road  Lead*g  to  the  new 
Store  strikes  out  of  Fromans  road  &  that  the  Tithables  within 
three  miles  on  each  side  work  thereon. 

Ordered  the  Court  be  adj*d.  Till  Tomorrow  8  oClock. 

William  Goe. 

At  a  Court  held  for  Yohogania  County  March  29,  1780. 

Present  Edward  Ward  Thos.  Smallman  John  McDonald 
Joseph  Bealor  Joshua  Wright. 

Crow  v  Dye.  Then  came  a  Jury  towit,  John  Johnson  John 
Robertson  James  Machen  John  Dean  Thos.  Spencer  David 
Day  Henry  Newkirk  Stephen  Hall  Samuel  Devore  Elija  Rit- 
enhouse  David  Williams,  James  Peirce.  Vdt.  for  Plantf  & 
Judgt. 
(254)  Ordered  that  the  Atty  do  Indict  Gersham  Hull  for  assaulting 
John  McDonald. 

Ordered  that  Gersham  Hull  be  recognized  to  appear  at  the 
next  Grand  Jury  Court  to  ansr.  the  Complaint  of  Jno.  Mc- 
Donald, himself  in  the  sum  of  five  thousand  pounds  with  two 
Securities  of  in  two  thousand  five  hundred  each,  Hugh  Brady 
&:  Tobias  Mattocks  undertook  for  the  sd  Hull. 

Ordered  that  Andrew  Heth  do  furnish  the  Court  with  fire  »S: 
water  &  make  an  acct.  of  the  same. 

Ward  V  Robertson,  order  that  dedim's.  Isue  for  either  Party. 


Minutes  of  Court  of  Yohogania  County.  407 

Connel  v  Wells,  then  came  a  Jury  towit,  Stephin  Ashby, 
Andw.  Dye,  W"**  Crow,  Joseph  Warner,  Andw.  Pierce,  Robt. 
Creghead,  Mos"  Hollyday,  Hugh  Brady  Tobias  Mattocks  John 
McComis,  Girsham  Hull  Danl.  Apelgate.  Verdt.  for  Plaintiff 
L5000  &  Judgment. 

On  Motion  George  Roots,  Administn.  is  granted  him  on  the 
estate  of  John  Gabrial  Jones  deceased.  Thos.  Smallman, 
Robt.  Campbell,  Joseph  Skelton,  Samuel  Sampel  Appraisers  of 
the  same. 

On  motion  Andw.  Heth  Administn.  is  granted  him  on  the 
estate  of  Patrick  M!.Ellroy  deceased.  John  Robertson,  Gabl. 
Cox,  Samuel  Newil,  Benjn.  Keykindall,  apprs.  of  the  estate. 

Braudy  v  Beever.  then  came  a  Jury  towitt,  John  Johnson, 
John  Robertson,  James  Spear,  David  Day,  Henry  Newkirk, 
Andw.  Dye,  Stephen  Hall,  Saml  Devore,  Elija  Rittenhouse, 
Thos.  Spencer,  Joseph  Warner,  Jacheriah  Connal.  Verdt.  for 
Plantff.  &  Damage  L  2000. 

Margaret  Weever  1 2  days  attendance  on  the  above  suit. 

Katherin  Unsetler  6  days,  same. 

John  McComis  2  days,  same. 

Ward  V  Broadhead.     N.  Guilty  with  leave  to  put  in  what 
Plea  he  pleases. 
(255)       Andw.  Dye  V  John  Allintharp.      Nt.  Guilty  cS:  Join'd. 

Ordered  that  Andw.  Heth  have  the  uper  story  of  the  Goal 
put  into  order  for  a  Jury  room. 

James  Spear  v  John  Backingrig. 

Ordered  that  a  Ded'ms.   Isue  to  take  the  depositn  of  Samuel 

Mc Adams  &  wife  for  Planti ff. 

Richd.  McMahen  v  Arnold  Evins.      Non  assum'st  join'd. 

Ordered  that  the  Sheriff  summon  a  Grand  Jury  to  May  Court. 

Ordered  that  the  Sheriffs  settle  their  accounts  at  the  May 
Court. 

Ordered  that  a  Dedimus  Isue  to  take  the  deposition  of 
Martin  Shundon  in  a  suit  between  John  McDonald  &:  Gersham 
Hull. 

Ordered  that  Court  be  adjurnd  till  Court  in  Course. 

Edwi).   Ward. 

At  a  Court  held  for  Yohogania  County  April  24th  1780. 


408  Annals  of  the  Carnegie  Museum. 

Present  Edward  Ward,  Joshua  Wright  WilUiun  Harrison^ 
Samuel  Newil  Joseph  Beeier. 

Admn.  is  granted  to  Jacob  Beason  of  the  Estate  of  Geo. 
G]:eaves  he  hayg  entd  into  Bond  &c 

Ordered  that  Phil.  Shute,  Henry  Beason,  Jno.  Cpllinsy  and 
Wm.  Campbell  or  any  three  do  appraise  the  sd  Estate. 

Ord^d.  that  Benja.  Die  be  summon'd.  to  appear  at  the  next 
Court  to  show  cause  why  Jdm  Frazer  an  Orphan  should  not  be 
taken  from  him 

(Pres^  Jos.  Beeier,  Gent) 

Oidered  that  the  ^lerif  do  summon  twenty  four  freeholders 
to  attend  as  a  Grand  Jury  against  May  Court. 

^^?     pwdaced   their   Commissioas  as   Deputy 
David  Steel  >     Surveyors  &  took  the  Oath  Accordingly. 

(356)  Ordered  that  Jacob  Lancaster  Orphan  four  years  old  be 
Bound  apprentice  to  David  McLean  to  Learn  the  Mistery  of 
fruming,  to  leani  him  to  read  write  &  Cipher  as  &r  as  the 
Rule  of  three,  two  suits  of  Cloathing,  sufficient  shirts  stock- 
ings &  shoes  or  equivalent,  ax  Grubing  hoe wedges. 

Joseph  Becket  came  into  Court. 

David  Bice  proved  to  the  satisfoction  of  the  Court  that  he 
served  as  a  private  in  a  Ranging  Compa.  commanded  by  Capt. 
Evan  Shelby  raised  in  Maryld.  &  in  the  Service  of  the  Crown, 
in  the  year  1759  and  that  he  was  at  the  time  of  his  enlistmt. 
an  inhabt't  of  Virga. 

Same,  that  he  served  as  Pack  hors  drive  in  the  year  1764  in 
the  State  of  Virginia,  &  received  No  satisfaction  for  the  same. 

Joseph  Bealor  sworn  Col.  of  Militia.     Commission  read. 

Gabriel  Cox  sworn  Lieut.  Col.  of  Militia.  Commission 
Read. 

Inventory  of  the  Estate  with  the  settlement  of  Potter  Smith 
returned.     Ord.  for  R. 

Ann  Rolerson  proved  that  John  Robins  was  the  father  of  a 
base  bom  child  begoten  on  her  Body.  Ordered  that  the  sd 
Robins  give  Security  for  the  maintenance  of  sd  child. 
Whereupon  the  sd  Robins  with  John  Lemon  his  Security  come 
into  Court  &  entered  into  Recognizance  of  two  Thousand 
pounds  each  &c.  for  the  sufficient  maintainence  of  sd.  Child, 
so  as  to  Indemnify  the  Parrish. 


Minutes  of  Court  of  Yohogania  County.      409 

William  Mitchell  v  John  Bowlie.     Disctd.  plaintiff. 
Joshua  Wright  v  Sampson  Beever,  Disctd.  plantiff. 
Rolison  V  Robins.      David  Steel  S.  B. 
James  ODonald  v  John  &  Isaac  Williams.      Disctd.  Plff. 
James  Sterit  v  Skinner  Hutson.     Andw.  Dye.     S.  B. 
Peter  Ellrod  v  Elija  Hart.      Atta  Judgt  &  W.  E. 
Benjaman  Wells  v  Samuel  Wells.     Attmt.  Judmt.  cV'  O.  Sale. 

(257)  License  is  granted  John  Downer  to  keep  an  Ordinary  at  his 
House  in  Beeson's  Town  The  ensuing  year  he  having  Com- 
plyed  with  the  Law. 

Van  Swearengen  proved  to  the  Court  that  he  servd.  as  a 
subaltron  officer  in  the  Last  war  in  a  corps  raised  in  the  Vir- 
ginia Service,  and  continued  therein  until  regular  discharged, 
and  that  he  never  reed,  any  Satisfaction  or  advantage  under  the 
king  of  Great  Britains  Procl.  of  1763. 

Thomas  Gist  proved  to  the  satisfaction  of  the  Ct.  that  he  served 
as  a  Cadet  in  the  year  1757,  and  an  Ensign  in  the  year  1758, 
and  a  Lieut,  in  thci  year  1760  in  a  redgmt.  raise  in  the  Vir- 
ginia Service  and  employed  in  the  Last  war,  and  continued 
therein  until  regularly  disch'd.,  and  in  the  year  1762  he  again 
served  as  a  Lieut,  in  another  Regmt.  raised  and  Imployed  as 
afsd.  and  contd.  therein  until  regularly  discharged,  and  that  he 
never  reed,  any  satisfaction  or  advantage  under  the  king's  proc- 

« 

lamation  of  1763,  except  a  warrant  from  Lord  Dunmore  for 
two  thousand  acres  of  land,  and  has  ever  since  continued  an 
Inhabitant  of  this  State. 

Admn.  of  the  Estate  of  Philip  Heath  is  granted  to  William 
^    Richman  he  having  complid  with  the  Law. 

John  Beal  James  Beal  William  Beal  and  Phil.  Ross  aptd 
appraisers. 

Jacob  Bowsman  v  John  Ormsby.      Injunction  to  stay  waste. 

Edwd.  Ward  v  Daniel  Broadhead.      C.  O. 

Ed.  Ward  v  Jno.  Robertson.     Bill  &  Time. 

Ed.  Ward  v  Dl.  Broadhead.     Plea  Joind. 

Indenture  Mary  Willson  Samuel  Semple  proved  ordered  to 
be  recorded. 

(258)  Benjamin  Keykindall  Sworn  Sheriff  for  one  month. 
Ordered  that  Court  be  adjourned  until  Court  in  Course. 

Edwd.  Ward. 


410  Annals  of  the  Carnegie  Museum. 

At  a  Coiat  bdd  for  Yohoganta  Countj  May  2  a,  1780. 

Pm^t  Edward  Watd,  Oliver  Miller  Thiinas  Freeman 
Gent*  Just's. 

Colo.  Joseph  Beder  provd.  that  he  served  as  a  wagon  Mas- 
ter from  the  State  of  Virginia  in  the  kte  war  between  Great 
Britain  and  franoe  and  that  he  Contd.  therein  until  regularly 
dischd.    O.  to  be  Certd. 

Appiainnt.  and  Sale  of  Ae  Estate  of  Saml.  Griffith  deed. 
V        retd.    Or.  R« 

Gabl.  Green  Sworn  Depy.  Survey.    Com.  Read. 

W^  Colvln  appd.  Constable  in  the  place  of  Jacob  Knap. 

Thmnas  BatterBon.  Assinee  of  Thomas  Eaby  produced  a 

IHsch'd  signed  Adam  Iteven  Liet.  Colo,  of  the  first  Virginia 

Redgmt,  fo^  the  service  of  the  sd  Thomas  Eaby  as  Artificer 

[?]  for  the  Time  of  his  Inlistment  in  the  late  war  between 

,  Great  Britain  &  France,  which  Ordered  U>  be  Certified. 

(^59)      Joseph  Beeler  Jtm.  Sworn  Lieut,  of  Militia.     Com.  Read. 

Indenture  Elizabeth  Haaselton  to  Christopher  Beeler  prov'd. 
by  Joseph  Beeler  Sett,  and  Joseph  Beeler  Jun.  two  of  the  sub- 
scribing witnesses.  |  O.  R. 

Present  Jo8q>h  Beeler  Gent 

Abst.  Edwd.  Ward  Gent. 

Dsvid  Duncan  is  appointed  Gardian  to  John  Farree  Heir  of 
Frederick  deceasd.  he  having  complied  with  the  Law.  * 

George  Vallandingham  Gent.  Prest. 

Edwd.  Ward,  Gent.  Present. 

Ordered  that  Thomas  Fortner,  And  Vinson  Fortner  be 
bound  to  John  Peters  until  they  arrive  to  the  age  of  twenty  one, 
he  learning  them  the  Coopers  Trade  art  and  Mistery,  and  at 
the  end  afsd.  Term  give  them  the  usual  Freedom  dues. 

Deed  of  Surrender  Jacob  Knapp  to  William  Chipley.  Ackd. 
O.  R. 

The  Last  Will  and  Testiment  of  Stephen  Richards  deceased 
proved  by  the  oaths  of  Charles  Morgan  and  Samuel  Park  the 
two  Subscribing  Witnesses.     O.  R. 

Ordered  that  Thomas  Freeman  and  William  Goe  Gent  settle 
with  the  Administratrix  of  the  Estate  of  Saml.  Griffith  deceasd. 
and  make  return  to  the  next  Court. 

Admn.  of  the  Estate  of  Joseph  Fortner  deceas'd.  is  granted 
to  John  Peters  he  having  complied  with  the  Law. 


Minutes  of  Court  of  Yohogania  County.  411 

Return  of  a  Road  from  the  new  Store  on  Monongahala  to  the 
road  Leading  from  Guests  fort  to  Devores  Ferry.  Ordered  to 
be  confirmed. 

James  Hodge  Sworn  Ensign.  Commission  Read. 

(260)  Then  came  a  grand  Inquest  for  the  body  of  this  County  to- 
wit :  John  Wall,  Stephen  Hall,  Walter  Wall,  Robert  Craig- 
head, Moses  HoUiday,  James  Sparks,  John  Robertson,  Mabary 
Evins,  John  Taylor,  Andrew  Nigh,  Stephen  Hichards,  Henry 
Sawings,  Samuel  Devoir,  Andrew  Dye,  John  Johnston,  who 
were  Sworn,  reed,  their  Charge  and  retired  to  their  Chamber. 

Thomas  Smallman  Gent.  Sworn  Sheriff.    Commission  Read. 

Jeremiah  Wright  is  recom'd.  as  Liut.  of  Militia  in  the  stead 
of  David  Cox  who  has  removed  out  of  the  County. 

William  McCarmick.  recom'd.  as  Capt.  in  the  stead  of  John 
Minter  who  has  resigned. 

Samuel  Wilson  recom'd.  as  Liut.  in  the  stead  of  the  said 
McCarmick,  and  William  McKee  ensign  in  the  stead  of  the 
said  Wilson. 

Ordered  that  a  former  order  of  this  Court  recom'ding  Heze- 
kiah  McGruder  as  Capt.  of  Militia  in  the  stead  of  Capt.  Free- 
man be  set  aside,  and  that  Thomas  Prother  be  recom'd.  in  the 
stead  of  the  said  Thomas  Freeman. 

Richd.  Noble  is  recom'd.  as  Liut.  in  the  stead  of  Thomas 
Prother,  and  Thomas  Brown  Jun.  be  recom'd.  as  Ensign. 
Rich'd.  Beall  Capt.  in  the  stead  of  Capt.  Joseph  Ford  who  is 
removed,  and  Robert  McGlaughlin,  Liut. 

Ordered  that  John  Frazeer  Orphan  of  John  Frazier,  deed,  at 
the  request  of  his  mother  be  bound  to  James  Wilson  until  he 
arrives  to  the  age  of  twenty  one  years  of  age,  he  being  at  this 
time  ten  years  old,  and  learn  the  sd  John  Orphan  the  Trade 
art.  and  Mistery  of  a  wheel  wright  and  Teach  or  cause  to  be 
taught  to  read  and  Wright  the  English  Language  and  to  Cypher 
as  far  as  the  rule  of  three,  and  at  the  end  of  said  Term  give 
him  two  Suits  of  Cloathes  one  of  which  is  to  be  New. 

(261)  Ordered  that  Court  be  adjourned  until  tomorrow  morning  9 
oClock.  Edwd.  Ward. 

Court  met  according  to  adjournment  May  23"^   1780. 
Present  Edward  Ward  Joseph  Heeler  George  Vallandingham 
Samuel  Newell  William  Harrison,  Thos.  Freeman. 


412  Annals  of  the  Carnegie  Museum. 

I " 

issues. 

Whcny  v  White    omtd. 

Brounles  v  Douglas,     do. 

Shilling  Y  Newkirk.     do. 

Do.  Do.       Do. 

same  V  Fortuef    Do. 

FuUum  V  Jdmsoii.    Do 

Bousemito  V  McGoldrick    do. 

Pentecost  v  Briscoe    dOi 

Shilling  V  Taylor    do 

Hawkins  vs  Clarke    do 

same  ▼  KuykendaU    do 

WardvslTioni    do 

Sample  v  McKende    do 

Beall  ▼  Finn    do 

same  y  McMahan    do 

Neville  v  Guest    (k>. 

Cresop  V  Swearengen    do 

Campbell  v  Beall.     do 

(363)      Fullum  V  Johittoa    contd. 

Same  v  Same    contd. 

Same  v  McComish    contd, 

Andrew  v  Johnson    do 

Same  v  Same     do 

Heth  V  Bruce     do 

Christie  v  Heth     do 

Same  v  Same     do 

Caldwell  v  Fry    do 

Boley  V  Springer    do 

Same  v  Same     do 

Ward  V  Wells     do 

Vance  v  Williams     do 

Riggle  V  Die     do 

Morroson  v  Vanater    do 

Bradley  v  Boly     do 

Curry  v  Wells     do 

Waller  vs  Springer     do 

Pierce  v  Evans     do 

Hogland  v  Laughlin     do 


Minutes  of  Court  of  Yohogania  County.  413 

Cox  V  Betsman    do 
Vanatre  v  Parkinson     do 
Dawson  v  Kirkpatrick     do 
Froman  v  Boyce     do 
Crooks  V  Hoagland     do 
Pierce  v  Evans     do 
Tyger  v  Boley     do 
Boyce  vs  Froman     do 
Caldwell  v  Hoagland     do 
Wetzell  V  McKelwaine     do 
Caldwell- V  Corn     do 
Spears  v  M^'Mahan     do 
Day  V  Deane     Do. 
Beler  v  Inks     do 
Wright  V  Hart     do. 
Boyce  v  Froman     contd 
Mooney  v  Ricord     do 
Boyce  v  Froman     do 
Same  v  Same     do 
Same  v  Same     do 
Boling  V  Norris     do 
Miller  v  Humble     discontd. 
Shilling  V  Newkirk     contd 
Crow  V  Pierce     do 
Crow  V  Dye     Do. 

Presentments  at  issue. 
State  vs 

Richard  McMahan  discharged 
defendt.  paying  Costs, 
vs  VV'"-  Christy,      do 
vs  Jno.  McClellan     do. 
V    —  Parsons     do. 
vs  Agnes  Irwin     do 
VS  Geo.  Lintenberger     do. 

Common  Orders. 

Wilson  Exrs.  v  Lynch  &c.     W.  E. 
Reddick  v  Ross     W  E. 


414  Annai^  of  the  Carnegie  Museum. 

Saml.  Bruer  &  ux  v  Tacey     W.  E. 
Dye  V  Tharp     W  E. 
Henderson  v  Evans     W  E. 
Steel  V  Hamilton     W  E. 
Burns  v  I^uderback     W.  E. 
Barrickman  v  Harry     W  E 
Same  v  Wood     W.  E. 
Lindsey  v  Hamilton     W  E 
Pierce  v  Evans     W.  E. 
(263)       Hethv  Stokes     WE 

Guest  V  Cornwall     W  E. 
Forrester  v  Murphy     W  E. 
Ward  V  Clarke     W  E. 
Boley  V  Orr  W  E. 
Johnson  v  Springer     W  E. 
Cooke  V  McCastlin     W  E. 
Cresops,  Exrs.  v  Campbell     W  E. 
Johnson  v  Kates     W  E. 
Pentecost  v  Jones     W  E. 
Fossctt  V  Hall     W  E. 
Lynch  v  Hall     W  E. 

Writs  Enq'y. 

Hawkins  v  Wheat     contd 

Mcllroy  v  Templin     abated  by  plaintiffs  death 

Same  v  Same     Same  Order. 

Roleson  v  Lowry     contd. 

Frv  V  Tilton     contd 

White,  Jun.  v  Johnson     do. 

Frv  v  Tilton     do 

Swigart  v  Murphy     do 

Brashiers  Admr.  v  Brashier     Do. 

Whitesides  v  (iirtv     do 

Froman  v  I>ean     discontd 

I'Jliott  v  M(  Intosh     contd 

Same  V  Same      do. 

Smallman  v  Sue  h      do. 

1  >ay  V  I  Ian>lK  rry     do 

Ric  hards  v  I'olev      do. 


Minutes  of  Court  of  Yohogania  County.  415 

Gist  V  Waller     do 

Same  v  Hall     do 

Same  v  Boyles     do 

Beeler  v  Walker     do 

Tigart  v  Chamberlain     contd 

Same  v  Same     do 

McKee  v  Davison     Do 

Same  v  Same     do 

Fossett  V  Meeks     do 

Ells  V  Roach     do  ^ 

Kidd  V  McConnell     do 

Lynch  v  Jones     do 

Same  v  Berwick     do 

Drenning  v  Bay     do 

Braden  v  Elliott  et  als.     do. 

McElry  v  McMahan     do 

Ferguson  v  Heath     do 

Protsman  v  Hill     do 

Norris  v  Vineyard  &  ux     do 

Bentley  v  Eglin     do 

Clarke  v  Boley     do 

Hoffman  v  Leatherman     do 

Munn  V  Crawford     do 

McAllister  v  Corn     do 

McGlaughlin  v  Wood     do 

Newill  V  Robison     Do 

Nevill  V  Wiseman     Do. 

Neville  v  HoUiday     Do. 

Wells  V  (^uick     Do. 

Grubbs  v  Carter     Do. 

'J  aber  v  Applegate 

Imparlances. 

Spears  v  Beckett  Admr.     N.  Guilty. 
Kersey  v  Springer     N.  Guilty 
Henderson  v  Douglas     N.  Guilty 
Stocker  v  Aicklen     N.  Guilty 
Boley  V  Manning     Do. 
Same  v  Same     Do. 


416  Annals  of  the  Carnegie  Museum. 

Day  V  Dean     Do. 
McCulloch  V  Taylor     do. 
Kinkaid  v  Henderson     do. 
Decker  v  Jacob     contd 
Kuykendall  v  Colvin     N.  Guilty. 
(264)       Thompson  v  Hopkins,  paymt  &  sett  off. 
Beeler  v  Scott,  Infancy. 
Nolls  V  Quick     N.  Guilty 
Sills  V  Bums,  Do. 
Spivy  V  Rickets,  do. 
Kinkead  v  Henderson,  do. 
same  v  same,  do. 
Spears  v  Jones,  do. 
Berry  v  Crawford,  contd. 
Bousman  v  Ormsby.     N.  Guilty  &c. 
Keykendall  v  Bogard,  Non  Assumpsit.     Sp.  Bail. 

Plurias  Capias. 

Stewart  v  Purdie     A  P.  Capias. 

Miller  v  Parkison     do. 

Dun  V  Stewart,  do. 

Johnson  v  Evans,  do. 

Dye  V  Brent,  do. 

Steel  V  Stevens,  Do. 

Beavers  v  Mahal,  do. 

same  v  Miller,  et  als.     do. 

Chambers  v  Evalt     Co 

Chambers.  Inft.  v.  Evalt     C  O. 

Ward  V  Broad  head     W.  E. 

Kuykendal  v  Decker,  Imparlance. 

Sheaff  V  Downer     do. 

Clarke  v  Clarke     C  O. 

same  v  same     C  O. 

same  v  <^)uinn      P  ('. 

Concll  V  l*oc  vV  others  I-l\ors.      P.  ('. 

Kiddell  V  (ioard      V  ( ". 

Logan  V  Miller      V  C. 

Mathews  v  M(  lean      1'  <  ". 


Minutes  of  Court  of  Yohogania  County.      417 

Boling  V  Wellsi  P  C 

Workman,  Assee.  v  Saltsman     P  C. 

Ross  v  Manning     C  O. 

Miner  v  Blazier  &c     P  C. 

(265)  Thomas  Freeman  proved  to  the  Court  That  he  served  as 
Dept.  Comissy  in  the  Last  war  between  Great  Britian  & 
France  &  was  regularly  discharged.     O.  to  be  Certified. 

David  Vance  being  bound  in  Recogn.  being  called  came 
into  Court  which  ordered  to  be  discontd,  also  the  witness  Re- 
cogn. discd.  said  Vance  giving  security  for  his  good  behaviour 
for  one  year  and  one  day  in  the  sum  of  ten  thousand  Pounds 
with  one  Security  in  the  like  Sum  whereon  the  sd.  Vance  with 
Moses  HoUaday  his  Security  came  into  Court  &  entered  into 
Recg.  accordingly. 

Ordered  that  John  Bradly  be  bound  over  to  his  good  Be- 
havor  for  a  year  &  a  Day  in  the  Sum  of  two  Hundred  five 
Hundred  Pound  &  one  Security  in  the  like  sum,  whereon  the 
sd.  Bradly  with  Jacob  Bousman  his  security  came  into  Court 
&  entered  into  Recognc.  accordingly. 

Jacob  Bousman  —  John  Ormsby.  order'd.  a  writ  to  stay 
Waste.  Isue. 

James  Boys  v  John  Atkins,  then  came  a  Jury  towit.  Za- 
dock  Wright  Hugh  Stirling  James  Quick  John  Vanater,  Will- 
iam Redick.  Willm.  Bruce  Jacob  Bousman  John  Springer 
Gabriel  Cox  Skiner  Hutson  Garsham  Hull  John  Marshall. 
Verdt.  for  Plaintiff,  Judt.  L  30. 

Knock  Enis  v  William  Hoglan.  then  came  the  same  Jury 
as  before.      Verdit  for  pt.  Judmt.  for  L  12.16. 

Rich'd.  McMahen  v  Paul  Matthews.  Then  came  the  same 
Jury  as  before.      Verdit.  for  pt.      Judmt  for  L  73.10. 

(266)  Ordered  that  James  Innis,  Thomas  Gist,  Thomas  Warren, 
Hezekiah  McGruder,  James  Kager,  David  Ritchie,  Henry 
Taylor,  Benjaman  Johnston,  Samuel  Semple,  Charles  Wheeler 
Jacob  Bouseman,  Joseph  Scott  James  Evving,  Samuel  Johnston, 
William  Lea,  Andrew  Heath,  John  Robinson,  Thomas  Moore, 
Jacob  Beeson,  Reuben  Kemp,  and  Walter  Wall  be  recom- 
mended to  the  Governor  as  proper  persons  to  be  added  to  the 
Commission  of  the  peace,   and   that  the   Clerk  certify  to  the 


418  Annals  of  the  Carnf:c;ie  Museum. 

Govenor  of  the  Names  of  those  persons  now  named  in  the 
Commission  of  the  peace  who  refuses  to  serve. 

Ordered  that  Joseph  Bealor  &  John  Canon  be  recommended 
as  prop)er  Person  for  Corenors  for  this  County. 

On  the  petition  of  Dorsey  Pentecost  siting  forth  that  he  is 
desirous  of  Building  and  compleating  a  water  Mill  on  the 
Eastern  branch  of  Churteers  Creek,  and  that  he  owns  the  lands 
on  both  sides  of  the  Creek  so  that  no  person  will  be  Kffected 
by  the  overflowing  from  his  dam.  Ordered  that  the  sd  Pente- 
cost have  leave  to  build  and  com  pleat  a  water  mill  at  the  place 
aforesaid  according  to  law. 

Administration  of  the  F2state  of  William  Fulks  deed,  is 
granted  to  his  widow  Anne  Fulks  she  having  complied  with 
the  Law,  and  that  Samuel  Beeler  Joshua  Meeks,  Garshom  Hull 
and  John  Hull  or  any  three  of  them  Appraise  the  sd  Kstate. 

John  Dean  proved  to  the  satisfaction  that  he  served  as  a 
soldier  in  a  ranging  Company  in  the  late  war  between  Great 
Britain  and  France  and  continued  in  said  Service  until  regu- 
larly discharged.     Ordered  to  be  Certified. 

David  Livingston  being  bound  in  recognizance  and  no|)rose- 
cutor  ap]>earing  ordered  to  be  Discharged. 

Ordered  that  Wm.  Bruce  Capt,  James  Mc.Mahon,  Lieut., 
Joshua  Carman,  Knsign,  be  recomd.  as  proper  persons  to  serve 
as  Officers  of  Militia. 

Ordered  that  Thos.  Rigdon,  Lieut  .\nd\v.  Nigh  |)roper 
person  as  Lieuts.  of  Militia. 
(267)  The  Grand  jury  found  the  following  Bills  \'i/t.  vs  losejih 
Cox,  for  an  assault  on  the  Body  of  John  Lliot  ;  one  against 
John  Reed  for  Forgery  Inking  called  pleads  not  (iuilly,  Where- 
upon the  said  John  Reed  with  Hugh  Sterling  and  /ado(  k 
Wright,  his  securities,  held,  himself  m  Ten  thousand  jiounds 
the  securities  five  thousand  pounds  eai  h.  for  the  appearame  of 
the  sd.  John  and  answer  to  a  Bill  of  lndi<  tnuiit  I<\hil)ile(l 
agl.  him.  and  the  said  Joseph  ('o\  held  m  the  liki-  ^uni  o( 
Ten  thousand  pounds  and  Hugh  Sttrliii.^  and  Alev.mdr  1  ads 
his  securities  in  the  like  sum  of  tue  thi)  ;->aii<i  ;m);i.<1>>  la"  ;.  i'»r 
the  sd.    Josephs  aj)pearan(  e  to  answer  as  atore^'d 

lesse    Beezon   and    Robert    I>a\ni>on   ajijMjintt d   (  Oi.^tai  Ic^, 
soni'ed  before  |ohn  M(  Daniel  (ient.  to  Ic  <  Jualilit  «1 


Minutes  of  Court  of  Yohogania  County.  419 

The  Grand  Jury  present  the  following  Bills,  against  Garsham 
Hull :  for  an  assault  on  the  body  of  John  McDonald  N.  G.  ; 
against  John  Brackinrig  an  assault  on  Mary  Spear,  order  a 
Capias  Isue :  against  Do.  assault  on  the  Body  of  Jas.  Spear, 
Cap.  ;  against  Joseph  Parkeson  assault  on  the  Body  of  Sarah 
Jacob.  Cap.  Isue. 

Garshom  Hull  with  Richd.  McMahen  &  John  Dean  his 
securities  come  into  Court  and  entered  into  recognizance  for 
his  personal  Appearance  at  the  Next  Court  to  answer  a  Bill  of 
Indictment  exhibited  agt.  him,  held  in  Then  thousand  pounds 
his  Securities  in  five  thousand  each. 

The  Grand  Jury  found  a  Bill  agt.  Garshom  Hull  for  an  assault 
on  John  McDonald  Gent.      Ordered  that  Capias  Issue. 
(268)       Ordered  that  Court  be  adjourned  to  Court  in  Course. 

Samuel  Newell. 

At  a  Court  held  for  Yohogania  County  June  26th  1780. 
Present  Samuel  Newil,  W"-  Harrison  Joseph  Becket  Oliver 
Miller  W™-  Goe,  Present. 

Alias  Capias 

Keykendall  v  Deckart.      Imparlance. 

Boxton  V  Peas     P.  C. 

Caldwell  v  Wray     P.  C. 

Masters  v  He  net     P.  C. 

Cresops,  Exrs.  v  Power     agred.  G.  P>rant,  Cost. 

Keykendall  v  Creghead     C  O. 

McDonald  v  Clerk     P.  C. 

Johnson  v  Evins     C  O 

M-^Gee  v  Gambol     P.  C. 

Taylor  v  Applegate     C.  O. 

Sterling  v  Beevers.     C  O 

Campbell  v  Quick     P.  C. 

White  V  Williams     P.  C. 

Crawford  v  Yates     disctd. 

Boxton  v  Norris,      P.  C 

En  is  v  Spencer     P.  C 

Leamon  v  Mattocks     CO. 


Ahkals  or  THE  Cakhecie  Museum. 


Appewances. 

SmaUmui  v  Irwin    A.  C 

Same  v  nme    A.  C 

Applegate  v  Evins    A.  C. 

Hutson  V  Whitacw    A.  C 

Fleming  v  Coojjer     A.  C 

Holladay  v  Beever     A.  C 

.  Moor  V  Taylor.      A.  C 
(»69)        Eliot  V  Cox     C.  O 

Steret  V  Hutson     A.  C 
Leaman  v  Holladay     A.  ( 
-     Barrackman  v  Raymon     / 
Crow  V  Humble     discld. 
McDonald  v  Hull     A.  C 


Protsicii 

an  V  Lypolt 

A.  C 

McMachen  v  Bruce 

C.  0 

Ellrod 

V  Hart     A.  C 

Ometk 

r  V  Humble 

disctd. 

S«Kl  V  Whilacre     Do, 

Spetrv 

Mclwain     A, 

'^d 

Nesbir 

V  Harden     A. 

cm 

Provines  v  Fromao     C.  O 

Gilfilin  V  Tygart     A.  C 

Cuningham  v.  Louderback     A.  C 

Keykendall  v  Matthews     C.  O  M'-  Holaday.  A  I 

Warrin  v  McKenzey     Discld. 

Hutson  V  Deckatt     C.  O 

Bradin  v  Vanater    C.  O 

Roleston  v  Robins     C.  O 

Keykendall  v  Fokes    C.  O 

Walker  v  M'Machen  &  Wife     C.  O 

Farrin  v  Keykendall     C.  O  Rl.  McKee     A.  B. 

Vanater  v  Braden     C.  O  V"-  Swearengen  A,  B. 

Smallman  v  Peterson     A  C 

Brown  V  McCurdy     A.  C 

Gambol  v  Beall     A  C. 

Keneday  v  McColloUoige     disctd. 

Crow  V  Williams     C.  O     Aw.  Pierce  A.  B. 


Minutes  of  Court  of  Yohogania  County.  421 

Smallman  v  Broadhead.     C.  O 
Smallman  v  Duncan     C.  O 
Same  vs  same     C.  O 

Morry  Boyd  v  Humble     C.  O  leave  to  amend  writ. 
Ward  V  Broadhead     C.  O 
Crawford  v  Sharp     A.  C 
McMachen  v  Evins     C.  O 
Brady  v  —  &  wife     dismisd. 

Williams,  Asse.  v  Crow     C.  O  Joshua  Wright  A.  B. 
Records  v  Thomas     C.  O 
Williams,  Asse.  v  Crow     C.  O 
Williams,  Asse.  v  Crow     C.  O  J'-  Wright  A.  B. 
Boice  V  Workman.     C.  O 
Cox  V  Campbell  &  wife 
McAdams  v  Rarden     A.  C 
(270)       Cox  &  wife  V  Walker     A.  C 

Jacobs  V  Parkison.     disctd.  P.  for  Cost. 

Pentecost  v  McAdams     disctd. 

Mcllhose  V  Colvan     C.  O 

Paterson  v  Moor     A.  C 

Sweringen  v   Fryer     C.  O 

Sweringen  v  Brooks     Imp. 

Clerk  V  McDonald     C.  () 

Pegg  V  Evins     C.  O 

Appelgate  v  P2vins     CO. 

Cox  V  Davis  &:  wife     A.  C 

Cox  V  Thompson     A.  C 

McMachen  v  Leamon     discontd. 

Campbell  v  Black  man     A.  C. 

Beever  v  May  hall     A.  C 

Same  v  Miller  Sen.  (Six.     A.  C 

Hojjkins  v  Johnson     disctd. 

Mathews  v  McClain     A.  C 

Blackman  v  Peirce     A.  C 

Same  v  Campbell     A.  C 

Willson  V  Blackman     A.  C 

Blackman  v  Willson     A.  C 

Honom  v  Sapington     A.  C 

Boling  v  Wills     A.  C 


422  Annals  of  the  Carnegie  Museum. 

Johnson  v  Lindsey     A.  C 
Campbell  v  Totton     A.  C 
Same  v  Scoot     A.  C 
Campbell  v  Blackman     A.  C 
Ross  V  Blunck     A.  C 
Pierce  v  Hogland     discontd.  Cost  pd. 
Keykendall  v  Colvin     A.  C 
Spivas  V  Record     A.  C 
Sweringen  v  Burrace     C.  O 
Harrison  v  Stuart     A.  C 
Downer  v  I^wson.     A.  C 
Anderson  &  Tod  v  Gibson     C.  O 
Grahm  v  Boys     agreed. 
Mitchel  V  Downs.     C.  O 
Fokes  V  Boley     C.  O 
Fife  V  Holladay.     C.  O 
McColley  v  Hogland     agreed. 
Newil  V  Irwin     Imparlance. 
Commonwealth  v  Lindsey.     C.  O 
Corn  V  Ells     A.  C 
Same  v  Pelton     A.  C 
Anderson  v  Darby     A.  C 
Vanater  v  Graham  &  wife     C.  O 
(271)       Jacobs  V  Workman  v^:  wife     \.  C 
Clark  V  M Donald     A.  C. 
Vanater  .Vsse.  v  Creghead     \.  C 
Masters  v  Benet     .\.  C 
McDonald  v  Clark     A.  C 
White  V  Williams     A.  C 
Little  V  Cherry     C.  () 
Peters  v  Crow     A.  C 
Peters  Assne.  v  Same     A.  C 
Same  v  Same     A.  C 
Andrew  v  Singers     A.  C 
\'ancf  V  Williams     discontd. 
Thoma-s  v  Kgorton  \i      A.  C 
C.iinibwill  V  Hell      A.  C 
Downer  \   Waller     A.  (' 
Hruce  v  Mattocks     A.  C 


Minutes  of  Court  of  Yohogania  County.  423 

Romine  v  McKinzey     discontd. 
Ward  V  Robertson,     discontd 
Records  v  Postelwait.     Imparl.  Jh.  Alexr.     S.  B. 
Miller  v  Vanater     C.  O 
O Donald  v  Williams     C  O 
McCleland  v  Beelor     A.  C 
Redock  v  Irwin     A.  C 
Humble  v  Crow     A.  C 
Dunlavy  v  Me  Adams     C.  O 
Campbell  v  Boley     C.  O 
McDonald  v  Hull     A.  C. 
Hall  V  Appelgate     discontd. 
Spencer  v  Cills     A.  C 
Wallers  v  Hatfield     A.  C 
Conal  V  Vanater     C.  O 
Cook  V  Hardin     A.  C 
Quick  V  Vanater     C.  O 
Miller  v  Burns     C.  O 
Kelly  V  Campbell     A.  C 
Hammon  v  McClain     A.  C 
Jacobs  V  Parkeson     A.  C 
Justice  V  Frame     Impalnce. 
Springer  v  Tygart     A.  C 
Richie  v  Parkeson     A.  C 
Chamber  v  Evalt     C.  O 
Fokes  V  Boley     A.  C 
Duglas  V  Henderson     Contd. 
Frame  v  Justice     C.  O 
Vanater  v  Stockwell     contd. 
Jacobs  V  Parkeson     A.  C. 
(272)       Edward  Mills  v  Jackman     A.  C 
Elis  V  Johnson     A.  C 
Barnet  v  McDowel     A.  C 
Hill  V  Lyday     Contd. 
Same  v  Same     Contd. 
Adams,  Assne.  v  Richards     C.  O 
Same  v  Same     C.  O 
Thos.  Cummin  v  Jas.  Beggs,     A.  C 
Paterson  v  Custer     agreed 


^''p 


424  Annals  of  the  Carnegie  Museum. 

Nigh  V  Anderson    A.  C 
Hurley  v  Pharlon    CO 
Grubb  V  Carter    A.  C 
Briscoe  V  Appelgate    A.  C 

Attachment,  W**  Crawford  v  Benjn.  Wells.  Attcht  two 
steers  three  Cows  two  mares  two  colts  two  two-year  Olds  two 
Hogs  two  Smooth  guns  'one  Shot  Pouch  &  a  Poder  horn. 
Judmt.  &  O.  Sold. 

Chancery. 

Bouseman  v  Onpsby*    Injunction  bill.  * 

Indictments  at  issue. 
C.  W.  rs  Giesham  Hull.    Assault  &  Battery. 

vs  Jno.  Reed.    Misdemeanor. 

vs  Joseph  Cox.    Assault  and  Battery. 

(273)  Ordered  that  the  Certificates  Granted  Alexr.  Fowler,  Assne. 
of  Lieut.  George  Brooks,  of  Lieut.  Butler  Stubbs,  of  Anguish 
McNeil,  of  Henry  Dolway,  himself  as  Lieut.,  served  in  the 
Last  war  &  Reduced  upon  halfe  pay  be  properly  certified. 

Benjn.  Johnson  Produced  a  Commission  of  Depy.  Surveyor. 
Commission  Read  &  svorn  in. 

W"-  Johnson  Produced  a  Commission  as  Depy  Surveyor  it 
being  read  &  sworn  to  accordingly. 

On  the  Petition  of  Joseph  Saxton  setting  forth  that  he  is  in- 
firm &  not  capable  of  git  his  living.  Ordered  that  he  be  al- 
lowed one  Hundred  Dollars  for  one  Month  &  that  the  Sheriff 
pay  it  out  of  the  Money  deposited  in  his  hands. 

The  last  will  and  Testement  of  John  Blakley  deceased  proved 
by  the  Oath  of  John  Wright  one  of  the  Subscribing  witnesses. 
O.  R. 

Robert  Blackley  took  the  Oath  of  Executor  of  the  Last  will 
&  Testement  of  John  Blackley  deed.,  he  having  Complied  with 
the  Law. 

Ordered  that  John  Bougher,  Thomas  Morehead,  Samuel 
Holms  &  Thomas  Fasithe  or  any  other  three  of  them  being 
first  Sworn  do  appraise  the  personal  Estate  and  slaves  if  any  of 
John  Blackley  dec'd,  and  make  return  to  the  next  Court. 


Minutes  of  Court  of  Yohogania  County.  425 

Peter  Nesewanger  being  charge  before  the  Court  for  wilfully 

exhibiting  a  melitious  and  Scandelous  Lybell,  Ordered  that  he 

give  security  to  answer  the  next  G.  Jury,  to  be  held  in  L  20,- 

000.  and  two  suretys  of  L  10,000,  W™-  Beagle  held  in  L  1000, 

with  Joseph  Warner  his  securty  L  1000,  Matthew  Beazle  held 

in  L  1000,  with  W™-  Beazle  his  secuity  held  in  L  1000,  Hugh 

Gundy  with  John  Whiston  his  Security  held  L  1000,  James 

Freeland  held   in  L   1000,   with  Andrew  White   his  security 

held 
(274)  L Andrew  White  held  in  L  1000  with  James  Freeland  his 

Security  held  in  L  1000.  for  their  appearance  at  the  next  G. 

Jury  Court  to  Testify  against  the  aforesaid  Peter  Nesewanger. 

Duglass  V  Henderson.  W"-  Frye  S.  B.  &  Impl. 

Mordaicai  Richards  and  Stephen  Richards  took  the  oath  of 
Executors  to  the  Estate  of  Stephen  Richards  Deceas'd,  they 
having  Complied  with  the  Law. 

Ordered  that  John  Fossit  Chas.  Morgan,  Richd.  Boyce  and 
Jacob  Long  or  any  three  appraise  the  sd.  Estate  and  make 
return  to  next  Court. 

Ordered  that  Summons  Isue  for  Benj.  Pegg  and  Catherine 
his  wife  to  attend  at  the  next  Court  to  give  farther  Security 
for  the  administration  of  the  Estate  of  Francis  Hull  deceas'd.  on 
the  Complaint  of  David  Williams  one  of  the  Securities  for  the 
sd.  Administration. 

Inventory  and  appraisement  of  the  Estate  of  Francis  Hull 
deed,  returned.     O.  R. 

Frome  v  Justis.      Robt.  Henderson  Spl.  B.  &:  Imp. 

On  the  petition  of  James  McGoldrick  seting  forth  that  he  is 
desirous  of  building  a  water  Mill  on  Becks  Run  and  that  the 
land  on  each  side  belongs  to  himself  so  that  no  person  will  be 
effected  by  the  overflowing  from  sd.  Dam,  Ordered  that  he  have 
leave  to  build  and  Compleat  a  water  mill  on  sd.  Run  according 
to  Law. 

Ordered  that  John  Decker  be  summoned  appear  at  the  next 
Court  to  shew  Cause  why  he  Detains  Elizabeth  the  Daughter  of 
Jacob  Kuykendall  and  that  he  bring  the  sd  Elizabeth  with  him 
before  the  Court  as  aforesaid. 

John  Springer  —  Michael  Tygert.  Henry  Kasey  S.  B  &  Imp. 

Richd.  Burns  Sworn  D.  Sheriff. 


426  Annals  of  the  Carnegie  Museum. 

(275)  Ordered  that  Paul  Mathews  be  allowed  two  Thousand  Dol- 
lars for  Erecting  a  Whiping  post  Stocks  and  Pillory.^ 

Gentleman  deposetied 
W"-  Goe,  One  hundred  &  fifty  Dollars. 
Oliver  Miller     Do.  Do. 
Joseph  Becket    One  Hundred 
Dorsey  Penticost    One  Hundred 
Samuel  Newil  ^  One  Hundred 
to  be  Deducted  out  the  money  when  Levied  by  the  Sheriff. 
Ordered  that  Court  ajourn  till  Court  in  course 

William  Goe. 

« 

At  a  Court  held  for  Yohogania  County  on  the  24  day  of 
July,  1780. 

present  Saml.  Newil,  Joseph  Becket,  Joseph  Beeler  &  Oliver 
Miller. 

Appearances. 

Jno.  Ryan  vs  Peter  Netswanger.     Trespass  Case.     C.  O. 

Samuel  Cuningham  v  Conrod  &  Andrew  Louderback,  Benjn. 
Keykendall,  S.  B. 

Ann  Roleston  appeared  in  Court  in  Consequence  of  a  Sum- 
mons &  confest  having  a  base  bom  Child  &  paid  the  fine  50  s. 
Lodge  in  the  hands  of  Saml.  Newil,  Esqr. 

Alexr.  Steel  appeared  in  Consequence  of  a  Summons  &  con- 
fest the  Crime  of  swearing  four  profain  oath.  20  s.  Lodged  in 
the  hands  of  Samuel  Newil,  Esqr. 

(276)  Robert  Sheerer  bound  in  the  sum  of  L  loooo  &  Philip  Tabor 
in  the  sum  of  L  5000  his  security  to  appear  at  the  next  G.  Jury 
Court  to  testify  for  the  State  against  Skiner  Hutson,  Minor 
Asterges. 

Minor  Asterges  &  Larince  Roleston  his  Security  bound  in 
the  sum  of  L  20,000  &  his  security  in  the  Sum  of  L  loooo  to 
appear  at  the  next  G.  Jury  Court  to  answer  to  what  may  be 
objected  against  him  by  the  State. 

Alexander  Mclntire  bound  in  the  sum  of  L  loooo  &  John 
Wall  his  security  in  the  sum  of  L  5000  for  his  appearance  at  the 
next  G.  Jury  Court  to  testify  for  the  State  against  Skinner 
Hutson. 

'  See  Introduction. 


Minutes  of  Court  of  Yohogania  County.  427 

Philip  Tabor  v  Thos.  Applegate. 

Then  came  a  Jury,  towit.  Alexan.  Steel,  James  Spear,  Benjn. 
Pegg,  Jacob  Knight,  Archibell  Hull,  John  Boley,  David 
Philips,  Paul  Mathews,  Sampson  Beever,  David  Richie, 
Robert  Creghead,  Edward  King,  W.  Enqy,  Judg.  &  Damage 
L  17,  Plff. 

Commonwealth  v  Ann  Rardin,  Nole  proseque.  fees  paid. 

Thos.  Smallman  Sheriff  Protest  against  th  Goal. 

Ordered  that  Court  adjourn  till  Court  in  Course. 

Samuel  Newell. 

At  a  Court  held  for  Yohogania  County,  Augt.  28,  1780. 

Present  Edwd.  Ward,  Joseph  Beelor,  Richd.  Yates,  George 
Valandigin,  Oliver  Miller. 

Richd.  McMachen  v  James  Bruce.      Judgt.  Wrt.  of  Enqy. 

Same  v  Arnold  Evins.      Judgt.  Wrt.  of  Enqy. 

George  Valandigin  produced  a  Commission  of  Col.  of 
Militia  &  Sworn  to  accordingly 

The  last  will  &  Testament  of  Abington  George  Colvin  proved 
in  Court.     O.  R. 

John  Miller  is  exemted  from  paying  any  future  County  tax. 

(277)  At  a  Call  Court  held  for  the  tryal  of  John  Jackson  for  Pass- 
ing Counterfeit  Continental  Money. 

Com.  Wealth  v  Jackson  by  Evidence  of  Daniel  Appilgate  &: 
Joseph  M.Cune  the  sd.  Jackson  is  acquited. 

23  forty  Dollar  Bills  1  Counterfeit  lodged  in  the  hands  of 
7  thirty  Dollar  Bills  ^  Andrew  Heth. 

Ordered  that  Exn.  Isue  Hugh  Brady  agt.  Sampson  Beever 
David  Steel  &  James  M^'MuUin  on  the  Repleve.  Bond  given 
by  them  to  replevy  the  effects  of  Sampson  Beever  on  a  Judgt. 
obtained  by  Hugh  Brady  &  that  it  be  indorsed  no  security  or 
bail  be  taken. 

Commonwealth  v  Garsham  Hull.     Jmdt.      N.  G.     Joinder. 

Commonwealth  v  John  Brackenrig  Indt.  )      xt    ,.     «    .   .    , 

T    J    r     N.  G.  &  Joind. 
same  v         same  Indt  J 

Recognizance  for  John  Brackenrig  appearance  at  the  Grand 

Jury  Court,  himself  in   two  Thousand  five   Hundred   Pounds 

upon  each  Inditiment  &  his  Security  W™  Mayhall  in  the  Same 

Sum. 


^^'^ 


428  Ankals  OF  THE  Carnegie  Museum. 

Ordered  that  Summoiu  Isue  for  Hordecai  &  Stephen  Richard 

to  give  fresh  security  for  the  Estate  of  their  Deceased  father 
Stephen  Richards. 

Ordered  that  Summons  Isue  for  AgnEss  Stille  to  give  fresh 
security  for  (he  Estate  of  of  her  deceased  husband  Jacob  Stille. 

^ Commonwealth  v  Joseph  Parkeson,  Ple'd.  Guilty  Jud't  & 
m'g.  for  Pir.  1.  300.  David  Richie  security  for  fine  &  fees. 
Commonwealth  v  Klizabcth  Deckart  Came  into  Court  & 
Contest  herself  of  haveing  a  base  born  Child  &  paid  50  s.  fine. 
pd.  to  Kichd.  Yates,  Gent, 

('oramonwealth  v  Sarah  Jacobs,  Came  into  Court  &  confest 
herself  of  haveing  a.  base  born  Child  &  paid  50  S.  fine.  pd.  to 
Richd.  Vates  Gent- 
Commonwealth  V  Mary  Doyd  Came  into  Court  &  Confest 
herself  of  haveing  a  base  born  Child  &  [Aid  50  s.  fine.  pd.  to 
Richd.  Yates,  Genin. 

Commonwealth  v  ('atharin  Develin  failing  to  appear  being 
Kum'd.  &  relurn'd  ex'd.  Judgi.  for  50  s.  dne  &  the  fees  thereon 
accruing  for  haveing  a  base  born  Child. 

Corunionwealih  v  Ann  Walker  failing  to  appear  being  sum'd 
return'd  Eu'd.  Judgt.  for  sos,  fine  .V-  the  fees  thereon  accruing 
for  having  a  base  born  t'hild. 

D'd.  Richie  v  Jos.  Parkeson  i  Imparlance. 

same        v  same  /  Apearances     John  Wall  S.  B. 

George  Brown  v  Hugh  McCrady.  Apearnce,  Nathaniel 
Blackraore  S.  B. 

Jacob  Knight  v   Tobias   Wood  Apearance.       Mos.    Holla- 
day  S.  B. 
(278)        Michael   Buric  v  Jacob  Knight.     Appearn.   John   Brotsman 
S.  B. 

Bill  of  Sale.  W"  Long  to  Morris  Kaho.  Acknowledged 
by  W"-  Long  and  O.  R. 

Commonwealth  vs  James  Dornin,  Recognizance  for  his 
appearance  at  next  G.  Jury  Court,  himself  in  L  5000  &  Thos 
Timons  &  Joseph  McKinnen  in  L  2500  Each. 

Commonwealth  v  Mordecai  Richards.  Recognized  in  the 
sum  of  L  5000  to  appear  at  the  next  G.  Jury  Court  &  his  Se- 
curities John  Leamon  &  W"'  Mayhall  in  L  2500  Each  to  pros- 
ecute Jas.  Dornin. 


Minutes  of  Court  of  Yohogaxia  Coumy.  429 

Common  wealth  v  Jeremiah  Morgan,  Robt.  Peat  ^:  Stephen 
Richards.  Recognized  to  testify  for  the  Commonwealth  at 
the  next  (i.  Jury  Court  against  James  Dornin,  each  in  L  3000. 

Ordered  that  Court  ajourn  till  Court  in  Course. 

Edwd.    Ward. 

[Here  six  leaves  have  been  cut  from  the  end  of  the  vohinie  con- 
taining the  foregoing  records.  But,  as  the  entries  last  copied  above, 
closing  with  the  signature  of  Edwd.  Ward,  are  at  the  top  of  the  last 
page  upon  which  there  are  any  entries,  most  probably  they  are  the 
last  made  in  the  volume,  which,  so  far  as  we  know,  is  the  last  record 
of  a  Court  of  Yohogania  County,  Virginia,  held  within  the  limits  of 
Pennsylvania. 

The  Edward  Ward  whose  name  closes  these  records  was  the  En- 
sign Edward  Ward  who  surrendered  the  fort  at  the  junction  of  the 
Monongahela  and  Allegheny  rivers,  to  the  French  and  Indians  on 
April  17,  1754,  and  with  his  small  command  marched  back  and  re- 
joined Washington  at  Fort  Necessity. 


ANNALS 


OF   THE 


CARNEGIE   MUSEUM 


VOLUME  IL     NO.  3. 


Editorial. 


The  present  portion  of  the  second  volume  of  the  Annals  goes  to 
press  in  December,  owing  to  unavoidable  delays  in  getting  out  the 
preceding  part  of  the  Annals.  The  publication  of  the  Records  of  the 
Old  Virginia  Courts  which  claimed  jurisdiction  in  western  Pennsyl- 
vania has  excited  a  great  deal  of  interest  in  many  portions  of  the 
United  States,  and  the  editor  feels  that  a  genuine  service  has  been 
rendered  to  the  cause  of  historical  and  genealogical  research  by  com- 
mitting to  the  printed  page  these  old  documents  which  throw  a  great 
deal  of  light  upon  the  early  history  of  the  settlement  of  the  region  of 
which  Pittsburgh  is  the  metropolis.  While  the  publication  of  the 
long  lists  of  names  of  those  who  were  concerned  in  law  suits  may  to 
the  casual  reader  appear  to  have  been  scarcely  necessary,  nevertheless 
these  apparently  dry  and  barren  records  furnish  in  many  cases  posi- 
tive information  as  to  the  presence  in  the  region  of  persons  from 
whom  are  descended  many  of  the  inhabitants  of  the  Ohio  Valley. 
The  editor  is  in  receipt  of  letters  from  various  persons  high  in  station 
throughout  the  land  expressing  their  gratitude  and  reporting  that  they 
have  been  able  to  settle  definitely  to  their  own  satisfaction  a  number 
of  questions  of  a  genealogical  character  which  have  puzzled  them 
heretofore.  It  is  the  intention  of  the  Museum  in  the  future  from 
time  to  time  to  publish  other  historical  documents  which  will  serve  to 
illustrate  the  story  of  the  past. 

431 


432  Annals  of  the  Carnegie  Museim. 

Professor  C.  V.  Hartman  returned  in  the  latter  part  of  Novem- 
ber from  Costa  Rica.  His  labors  have  resulted  in  the  acquisition  by 
the  Museum  of  what  is  undoubtedly  the  largest  collection  of  Costa 
Rican  anticjuities  in  the  world  outside  of  San  Jose,  the  capital  of  that 
country.  He  purchased  the  collection  of  Padre  Velasco,  as  has 
already  been  stated  in  these  Annals,  and  which  is  temporarily  on 
deposit  in  the  Museum  of  the  University  in  Philadelphia.  He 
secured  from  the  same  source  a  second  collection  scarcely  inferior  in 
quality  to  the  first,  and  was  enabled  to  purchase  the  magnificent 
Troyo  collection.  As  the  result  of  excavations  and  explorations  con- 
ducted by  himself  personally  he  was  able  to  add  a  vast  amount  of 
material  to  that  contained  in  the  great  collections  which  he  secured 
by  purchase.  Over  eighty  large  crates  and  boxes  containing  speci- 
mens have  been  received  at  the  Museum  through  him,  and  when  the 
collections  are  at  last  finally  arranged  and  placed  on  exhibition  the 
Carnegie  Museum  will  be  able  to  point  with  ])ride  to  the  result  of  the 
work  done  during  the  summer  and  fall  of  1903  in  Costa  Rica. 


The  Museum  has  added  very  greatly  to  its  collection  of  ethno- 
logical material  representing  the  Indians  of  the  plains.  During  the 
last  few  months  fine  collections  gathered  together  under  the  super- 
vision of  Mr.  George  A.  Dorsey  of  the  Field  Columbian  Museum  have 
l)een  acquired.  Objects  representing  the  life  of  the  Indians  of  the 
plains  arc  rapidly  ilisai)pearin^'  and  it  is  imj)ortant  that  while  such 
collections  can  be  secured  they  be  obtained  anil  placed  in  the  per- 
manent custody  of  our  larger  museums.  The  most  notable  of  the 
collections  serured  by  the  Carnegie  Museum  is  a  collection  illustrating 
the  manners  and  rustonis  of  the  ('rows. 

The  Pri/e  Kssay  Conlcst  has  just  been  brought  to  a  close  as  this 
])art  of  the  Ann.m.s  goes  to  pres^.  Nine  hundred  and  thirty-eight 
pupiK  troni  the  schools  of  PittNburg  and  Allegheny  entered  the  com- 
petition, a  larirer  number  than  in  anv  'ornicr  year. 

Tju    <.-\pc«l:t:oni  Nfnt  id  the  U'cst    to   |>n)sc(  ute   j)alcontologi(al  re 
M'ar«  lu'^  h.wv  aV\  rrtr.rnc(l  mm\  liic  rc>^ii!t>^  ha\o  l>(.'en  L^ratifyin.L:  l.>oth  in 
the   -;'i.uU::\    .i!nl    tlu'   'iiMlilv    n\    tlu'  mater  :.il    ol't.iiiiLMl.       The  coller- 
tioii^.  uhii  ;;  re  .  ::re<l  two   1'o\  (.ir^  to  tran-i.oit  t'neni  to  the  Museum, 
were  :i..ule  ;p.  Mo:i:.ii;.i.   W'xMiirn.:  ai:<l  K.iii^a^. 


Editorial.  433 

The  Bayet  collection  has  been  brought  in  safety  to  Pittsburgh  from 
Brussels  and  is  in  storage  awaiting  the  time  when  it  will  be  possible 
to  place  it  on  exhibition.  There  is  at  present  no  room  in  our 
crowded  halls  to  display  this  beautiful  assemblage  of  specimens. 


Professor  A.  E.  Ortmann  is  engaged  in  classifying  the  large 
conchological  collection  belonging  to  the  Museum.  This  work  is 
being  done  at  No.  419  Craft  Ave.,  the  house  which  the  Museum  has 
been  compelled  to  rent  temporarily  in  order  to  furnish  elbow  room 
for  the  staff.  Mr.  J.  L.  Lock  wood  has  been  added  to  the  staff  of  the 
Museum  in  the  section  of  Zoological  Preparation.  Mr.  J.  A.  Shafer 
at  the  beginning  of  November,  severed  his  connection  with  the 
Museum  in  order  to  accept  a  position  tendered  him  by  Dr.  N.  L. 
Britton  of  the  New  York  Botanical  Gardens.  The  vacancy  thus 
created  has  not  been  filled  as  yet. 


>i   Sji«f  J'  Til 


VIII.     OSTEOLOGY  OF  OXYDACTYLUS. 

A  New  Genus  of  Camels  from  the  Loup  Fork  of  Nebraska, 

WITH  Descriptions  of  Two  New  Species. 

By  O.  a.  Peterson. 

The  material  upon  which  the  present  paper  is  based,  was  collected 
by  the  writer  during  the  season  of  1901  from  the  upper  Loup  Fork 
sediment  near  the  source  of  the  Niobrara  River,  locally  known  as  the 
Running  Water,  in  Sioux  County,  Nebraska.  After  a  careful  study 
of  this' material  the  present  writer  is  of  the  opinion  that  a  new  genus 
and  at  least  two  new  species  are  represented. 

Qzjrdactyltts  longipeSy  gen.  et  sp.  nov. 

The  type  (No.  918)^  of  this  new  genus  and  species  consists  of  the 
skull,  lower  jaws,  complete  cervical  region,  five  dorsals,  and  a  few 
ribs,  four  lumbars,  the  sacrum  and  pelvis,  the  right  scapula,  proximal 
end  of  the  ulna  and  radius,  the  unciform,  magnum,  and  second  row 
of  phalanges,  the  right  femur  and  distal  end  of  the  left  femur,  both 
tibiae  and  the  hind  feet  practically  complete.  I  have  selected  as  the 
cotype  a  second  skeleton  (No.  ^^d)  which  pertains  to  a  somewhat 
smaller  individual,  but  evidently  belonging  to  the  same  species.  It 
was  found  in  the  same  geological  horizon  and  at  the  same  locality  and 
consists  of  the  following  material :  Skull,  lower  jaws,  atlas,  axis,  four 
lumbars,  sacrum,  and  pelvis.  Excepting  the  scapula  the  fore  and  hind 
limbs  are  well  represented. 

In  addition  to  these  two  skeletons,  which  supplement  one  another 
in  an  admirable  manner,  there  were  found,  in  the  same  locality,  a 
number  of  other  skulls  associated  with  more  or  less  skeletal  material 
and  pertaining  to  the  same  species.  In  the  following  detailed  de- 
scription of  the  osteology  of  Oxydactylus  longipes  this  supplementary 
material  will  be  used  whenever  it  throws  additional  light  on  the  sub- 
ject, but  in  all  such  instances  references  will  be  made  to  the  catalogue 
numbers  of  the  various  parts  referred  to. 

^  Nos.  refer  to  the  Catalogue  of  the  Section  of  Paleontology  in  the  Carnegie 
Museum. 

434 


Peterson  :  Osteology  of  Oxydaciylus.  435 

Generic  Characters. 

Dentition.  —  If  C|  Pf  Mf . 

Teeth  brachyodonty  superior  incisors  little  reduced.  No  reduction  in  the 
premolars.  The  first  upper  molar  narrower  than  the  second^  which  is 
the  broadest  in  the  molar-premolar  series.  Third  cenncal  vertebra  the 
longest  in  the  neck  :  the  sixth  with  undivided  inferior  lamellce.  Limbs 
greatly  elongated  and  slender.  Trapezium  present.  Metacarpals  en- 
tirely separated.  Metatarsals  separated  with  the  exception  of  the  palmar 
processes  which  are  coossified.  Phala?igts  without  the  plantar  rugosities 
for  pads  which  are  present  in  the  recent  camels  and  llamas.  Unguals 
high,  narrow  and  pointed. 

Specific  Characters. 

Cranium  comparatively  small.  Third  superior  incisor  as  large  as  the 
canine.  The  first  superior  premolar  two-rooted.  Molars  long  and 
narrow,  A  short  diastema  between  the  third  inferior  incisor  and  the 
canine.  The  fifth  metatarsal  present  and  articulating  proximally  with 
the  fotirth  by  a  distinct  facet.  Distally  it  is  coossified  with  the  fourth. 
The  axis  much  shorter  than  the  third  cervical. 

Superior  Dentition.  —  In  the  type  specimen  (No.  918)  (PI.  IV, 
Figs.  I,  2  and  3),  the  first  and  second  incisors  have  dropped  out,  but 
the  alveoles  are  open  ;  they  are  each  separated  by  a  short  diastema. 
A  specimen  (No.  667)  in  the  collection,  which  is  referred  to  the  same 
species  as  the  type,  has  the  incisor  teeth  in  position.  These  present 
characters  similar  to  those  of  Po'ebrotherium.  They  are  small,  sub- 
cylindrical  in  cross-section,  with  slightly  expanded  crowns  covered 
by  enamel.  They  show  distinct  wear  in  old  individuals.  This  third 
incisor  is  present  in  the  type  and  is  a  large  caniniform  tooth  equaling 
the  canine  in  size  and  similar  to  it  in  character.  There  is  a  long 
diastema  between  the  third  incisor  and  the  canine  ;  the  latter,  is  situ- 
ated just  back  of  the  maxillo-premaxillary  suture  and  is  a  strong  and 
slightly  recurved  tooth.  The  first  premolar  is  separated  by  long 
diastemata  from  the  canine  and  the  second  premolar.  It  is  more  ob- 
tuse in  the  present  genus  than  in  Po'ebrotherium.  Its  greatest  diameter 
is  antero-posterior,  and  it  is  two-rooted.  The  second  premolar  is  but 
little  reduced  and  is  very  similar  to  that  of  Po'ebrotherium.  The 
median  cusp  is  closely  fused  with  the  anterior  and  posterior  cusps 
forming  a  sharp  antero-posterior  ridge  of  which  the  median  cusp  forms 
the  summit.     The  second  premolar  is  slightly  shorter  antero-posteriorly 


486  Amnals  op  th£  Carnegie  Museum. 

than  the  third  and  fouith  and  is  fixed  by  two  sitFong  roots.  Pm.  &  is 
very  similar  to  pm.  l,  but  has  a  much  stronger  internal  basal  cingulum 
and  has  a  deep,  narrow  median  valley,  which  is  subject  to  consider- 
able variation  in  different  individuals.  Pm.  ^  differs  from  the  others 
by  having  the  internal  crescent  complete,  and  the  anterior  and  poste- 
rior depressions  of  the  external  sur&ce  not  so  deep  as  in  pm.  -^  and  '■ 
On  the  antero-extemal  fiice  of  pm.  ^  there  is  a  prominent  rib  re- 
■onbling  the  correspondiiig  rib  on  pm.  1  in  the  recent  camel  and 

In  0.  iimgipes  premolars  -,  ^  and  ^  have  undergone  nc  reduction  in 
me  and  UttU  medifiet^iim  in  form  and  resein6U  those  <rf  PeihroAerium 
and  Protomeryx.* 

The  molars  are  bmchyodont  and  closely  resemble  those  of  Pro- 
tomeryx.  The  first  is  nearly  one  .third  longer  antero-posteriorly 
than  pm.  i.  The  succeeding  teeth  increase  rapidly  in  length, 
the  last  molar  being  the  longest  by  a  or  3  mm.  In  width,  the  first 
mobr  differs  from  that  in  the  recent  camel  and  the  llama.  The  latter 
«nen,  especially  the  llama,  have  the  first  molar  the  widest  with  a 
gradual  decrease  to  the.  posterior  portion  of  the  last  molar.  In 
Oiydaetyltts  the  second  molar  is  the  widest  while  the  first  is  the 
narrowest  in  the  molar  series.  The  ridges  on  the  external  face  of  the 
molars  are  quite  prominent  especially  on  the  Ust  tooth.  This  character 
is  subject  to  individual  variation.  On  molar  X  there  are  no  basal  pillars 
such  as  are  found  in  the  recent  camel.  The  molar  teeth  in  the  pres- 
ent species  are  narrow  and  long,  differing  in  this  respect  from  another 
species  of  Oxydactylus  which  will  be  described  later  in  this  paper. 

Inferior  Dentition.  —  {?\.  IV,  Fig.  4.)  The  similarity  of  the 
superior  incisors  to  those  of  Poibrotherium  is  repeated  in  the  inferior 
series.  Taken  as  a  whole,  the  inferior  incisors  are  rather  small  in 
comparison  with  those  of  the  llama,  the  median  pair  being  the  small- 
est. The  incisors  are  placed  nearly  as  close  together  as  they  are  in 
recent  genera,  and  are  well  adapted  for  cropping  grass.  As  stated 
above,  the  superior  incisors  are  separated  by  short  spaces  j  they  are 
comparatively  small  and  seem  ill  adapted  for  their  required  function 
in  feeding.  It  would  seem  that  there  were  cartilaginous  pads  on  the 
premaxillaries  which  assisted  to  some  extent  at  least  in  this  operation. 
The  canine  is  very  unlike  that  of  Poibrotherium.  The  latter  has  the 
canine  greatly  compressed  laterally,  the  anlero-poslerior  diameter  be- 

'.U/moirs  Am.  Mus.  Nal.  Hht.,  Vol.  I,  Port  VII,  p.  422,  1901. 


Peterson  :  Osteology  of  Oxydactylus.  437 

ing  the  greater,  and  the  crown  lance-shaped ;  while  the  canine  in 
Oxydactylus  lotigipes  is  a  strong,  slightly  recurved,  and  perfectly 
caniniform  tooth.  This  latter  character  seems  already  to  have  been 
present  in  Protomeryx  the  successor  of  Po'ebrotherium.  There  is  in  O. 
iongipes  a  short  diastema  in  front  and  a  long  one  back  of  the  canine. 
The  first  premolar  is  strongly  two-rooted,  somewhat  compressed  lat- 
erally and  has  a  simple  subconical  crown.  The  tooth  is  compara- 
tively as  strong  as  is  that  in  Protomeryx.  In  Oxydactylus,  as  in  all 
other  genera  known  from  the  Oligocene  and  the  Loup  Fork,  the  first 
premolar  is  separated  by  diastemata  from  the  canine  and  the  second 
premolar.  The  second  and  third  premolars  are  trenchant,  laterally 
compressed,  and  are  very  similar  to  one  another  in  character.  The 
third  has  a  more  distinct  anterior  basal  cusp  and  a  small  pit  on  the 
triturating  face  near  the  posterior  edge.  The  fourth  premolar  has  the 
antero-intemal  cusp  less  developed  than  in  Poebrotherium.  This  tooth 
is  widest  posteriorly,  the  internal  ridge  extending  backward  from  the 
apex  of  the  median  cusp,  thus  forming  with  the  external  wall  a  shal- 
low valley.  This  tooth  on  one  side  of  the  jaw  differs  from  that  on 
the  other,  as  described  above,  in  having  the  apex  of  the  median  cusp 
interrupted  by  two  strong  ridges,  extending  well  down  on  the  internal 
face  of  the  tooth.  The  posterior  valley  is  also  less  apparent.  There 
is  a  gradual  increase  in  length  antero-posteriorly  from  pm.  y  the  short- 
est to  m.3  which  is  the  longest  tooth  in  the  mandible. 

The  inferior  molars  like  the  superior  are  long  and  narrow,  and  have 
a  general  resemblance  to  the  molars  in  the  recent  camel  and  the  llama, 
with  the  important  exception  that  the  basal  pillars  are  entirely  absent 
in  O,  Iongipes.  The  fifth  crescent  of  the  third  molar  varies  in  size  in 
different  individuals  as  has  been  observed  in  other  genera  of  this 
family. 

The  Cranium, — The  exceptionally  well  preserved  skull  and  lower 
jaws  of  the  type  (No.  918),  PI.  IV,  Figs,  i,  2  and  3,  deserve  a  rather 
complete  and  detailed  description. 

For  the  most  part  the  sutures  are  distinguishable  and  the  skull  is 
otherwise  quite  complete.  The  extreme  posterior  part  of  the  sagittal 
crest  and  the  superior  region  of  the  supra-occipitals  were  missing  when 
collected. 

The  cranium  is  comparatively  small,  elongate,  and  narrow.  The 
facial  region  is  especially  long.  The  orbit  is  small  in  comparison 
with  that  of  the  llama  and  more  ovate  in  shape,  the  greatest  diameter 


438  Annals  of  the  Carnegie  Museum. 

being  the  antero-posterior.  It  is  placed  nearly  as  £ai  back  as  in  the 
llama,  and  is  closed  behind  by  a  bony  bridge  as  in  the  latter  genos. 
The  inclosing  of  the  orbit  seems  to  have  been  completely  accom- 
plished in  the  genus  Protameryx  while  in  Poebrotherium  the  orbit  is  still 
open.'  The  skull  has  the  upper  contoiur  somewhat  similar  to  that  of 
the  recent  camel,  especially  the  frontals  and  parietals. 

The  sagittal  crest  is  low,  but  well  defined,  and  is  nearly  in  line  with 
the  frontals,  as  in  Procameius  occidenialis,  ^  Slight  crushing  has  taken 
place  in  the  posterior  region  of  the  skull  in  the  type,  which  in  PL  IV, 
Fig*  t  gives  a  slightly  more  depressed  appearance  to  the  supra-occip 
ital  region,  than  would  otherwise  be  the  case.  There  are  cavities 
below  the  nasals  and  above  premolars  ^  and  ^.  These  cavities  seem 
quite  a  constant  feature  among  the  known  Loup  Fork  Camelidae.  The 
zygomatic  arch  is  slender  and  the  malar  process  deeply  notched  to 
receive  the  corresponding  wedge-shaped  process  of  the  squamosal.  In 
the  antero-superior  region  of  the  orbit  there  is  a  deep  notch  similar  to 
that  in  Poebrotherium,  This  notch  is  also  present  in  the  recent  genera, 
though  not  so  deep.  The  crano-facial  axis  is  straight.  The  occipital 
condyles  seem  to  be  subject  to  some  variation ;  in  some  cases  they  are 
rather  high  and  narrow,  while  in  others  they  are  rounded,  similar  to 
those  oi  Poebrotherium.  In  the  type  the  condyles  are  high  and  narrow ; 
inferiorly  they  are  separated  by  a  groove  which  extends  across  the 
accessory  facets  on  the  basi-occipitals,  as  in  the  camel  and  the  llama. 
In  Poebrotherium  this  groove  is  entirely  wanting,  as  is  also  the  acces- 
sory surface  for  the  inferior  arch  of  the  atlas.  The  supra-occipitals  in 
O.  longipes  are  high  with  prominent  lambdoidal  crests.  The  parietals 
are  comparatively  long,  thus  forming  a  longer,  but  somewhat  narrower, 
brain  case,  than  is  seen  in  the  llama,  and  more  like  that  of  the  camel. 
In  Oxydactylus  the  sagittal  crest  is  thin  and  much  higher  than  in  the 
recent  genera,  and  also  differs  from  the  latter  in  its  almost  rectangular 
contact  with  the  elevated  inion.  In  the  camel  the  superior  part  of 
the  supra-occipitals  forms  a  broad  and  rather  flat  triangular  surface 
where  they  meet  the  sagittal  crest,  which  is  low  and  short.  In  general 
appearance  this  region  of  the  cranium  of  O.  longipes  more  closely  re- 
sembles that  of  the  camel  than  the  llama. 

The  zygomatic  process  of  the  squamosal  is  short  in  comparison  with 
that  of  the  camel  and  the  llama,  but  as  in  the  latter  genera,  is  tapered 

^Bull.  Am.  Mus.  Nat.  Hist.,  Vol.  X,  pp.  114,  115,  1898. 

<**  U.  S.  Geogr.  S.,"  Vol.  IV,  Part  2,  Plate  LXXVII,  1877,  Lieut.  G.  M.  Wheeler. 


Peterson  :  Osteology  of  Oxydactylus.  439 

off  to  a  thin  point,  which  is  received  into  the  deep  notch  of  the  jugal. 
The  glenoid  cavity  is  a  broad  flat  plate  of  bone  with  great  antero-pos- 
terior  extension,  as  in  the  recent  camel.  In  the  latter  the  articulation 
for  the  condyle  of  the  mandible  is  continuous  with  the  glenoid  process 
at  its  internal  margin,  while  externally  the  surface  is  interrupted  by  a 
broad  shallow  groove.  This  character  is  repeated  in  O.  lojigipes,  but 
the  glenoid  process  is  very  much  less  developed  in  the  latter  genus. 
In  the  llama  the  glenoid  cavity  is  much  shorter  antero-posteriorly  and 
is  entirely  separated  from  the  glenoid  process  by  the  broad  shallow 
groove  referred  to  above.  The  postorbital  process  of  the  jugal  meets 
the  corresponding  process  of  the  frontal,  completely  enclosing  the 
orbit  posteriorly.  Anteriorly  the  jugal  appears  to  extend  farther  than 
does  that  of  the  llama  and  the  rugosity  for  the  attachment  of  the  mas- 
seter  muscle  is  more  prominent  than  in  the  recent  genera. 

The  lachrymal  sutures  are  discernible  along  the  junction  with  the 
maxillary  and  this  bone  extends  proportionally  as  far  down  on  the  face 
as  in  the'  llama.  The  large  vacuity  characteristic  of  the  Tylopoda  is 
situated  immediately  above  the  lachrymal. 

The  frontals  resemble  those  of  Po'ebrotheriiwi  and  are  somewhat 
shorter  than  they  are  in  the  llama.  Their  widest  diameter  is  above 
the  orbits.  Posteriorly,  they  are  V-shaj)ed  and  are  received  into  a 
corresponding  deep  notch  of  the  parietals.  The  supra-orbital  ridges 
are  well  marked  and  terminate  in  the  downward  projecting  supra-or- 
bital processes.  Anteriorly  the  frontals  extend  no  farther  down  on 
the  face  than  they  do  in  Po'ebrotheriiim.  The  fronto-nasal  sutures 
present  a  W- shaped  character,  sharper  than  that  which  is  found  in  the 
llama. 

The  nasals  are  long  and  narrow  splints  of  bone  overlapping  the  pre- 
maxillaries.  As  is  well  shown  in  PI.  IV,  Fig.  2,  the  posterior  process 
of  each  nasal  is  lance-shaped  with  blunt  processes  laterally  and  joins 
the  maxillary  close  to  the  facial  vacuity,  from  which  point  the  suture 
extends  anteriorly  in  a  gently  curved  line  constantly  decreasing  the 
width  of  the  nasals  which  are  only  15  mm.  wide  at  the  anterior  end. 
On  the  whole,  the  nasals  are  proportionally  shorter  in  O.  longipes  than 
they  are  in  Poebrotheriiim,  but  much  longer  than  in  the  llama. 

The  paroccipital  processes  are  very  close  to  the  occipital  condyles 
and  are  long,  broad,  and  placed  obliquely  to  the  long  axis  of  the 
skull.  The  auditory  bullae  are  filled  with  cancellous  tissue  and  are 
relatively  smaller  than  in  Po'ebrotherium.     Their  position  is  somewhat 


440  Annals  of  the  Caknegie  Museum. 

oblique  to  the  long  axis  of  the  cramum  and  they  do  not  crowd  the 
basi-sphenoid  as  in  Poibraihermm,  The  bullae  are  separated  from  die 
parocdpital  processes  by  a  heavy*  rounded  ridge  extending  as  low 
down  as  the  rest  of  this  entire  region  with  the  exception  of  the  par- 
occipital  processes.  The  pit  for  the  stylo-h3ral  is  comparatively  smaller 
than  in  the  recent  general  and,  like  that  of  the  llama,  is  deep  and  dis- 
tinctly separated  fifom  the  styloid  groove.  On  the  anterior  apex  of  the 
bulla  there  is  a  diarp  conical  process  somewhat  similar  to  that  seen  in 
the  camel.  The  external  auditinry  meatus  is  as  large  as  that  of  the 
llama  and  has  nearly  the  same  relative  position*  The  tjrmpanic  region 
in  O.  langipes  resembles  that  of  the  llama  more  clearly  than  that  of 
the  recent  camel. 

The  pterygoids  are  comparatively  narrow  and  are  not  expanded 
postaiorly  as  in  the  recent  forms*  especially  the  llama*  but  the  hamu- 
hur  processes  are  nearly  as  well  developed  as  in  the  Tylopoda  in 
general. 

The  anterior  extent  of  the  palatines  can  not  be  ascertained  in  the 
tjTpe  specimen.  The  pterygoids  are  moderately  long  and  heavier  than 
in  the  llama*  ending  in  the  hamular  processes  already  mentioned.  The 
posterior  nares  are  Icmg  and  narrow  with  the  anterior  border  V-shaped 
and  extending  as  &r  as  the  posterior  border  of  the  third  molar.  The 
palatine  fissure  betwe^i  the  posterior  apex  of  the  alveolar  border  of 
the  maxillary  and  the  pterygoids  is  very  shallow.  In  the  llama  the 
posterior  nares,  the  palatine  foramen  and  the  palatine  fissure  are  sub- 
ject to  so  much  individual  variation  in  position,  and  in  some  instances 
also  in  shape,  that  they  are  of  little  value  for  purposes  of  classification. 
Posteriorly  the  delicate  vomer  is  broken  away  in  all  the  specimens  at 
hand,  but  the  rapidly  tapering  presphenoid  would  indicate  that  the 
vomer  has  a  posterior  extension  similar  to  that  of  the  recent  forms. 

As  in  Poebrotherium  and  Protomeryx  the  maxillaries  are  long  and 
low.  In  front  of  the  jugo-maxillary  suture  there  begins  a  long  heavy 
ridge  which  extends  well  in  front  of  the  deep  depression  on  the  upper 
part  of  the  maxillary  situated  above  premolars  ^  and  ^.  This  ridge  is 
entirely  obsolete  in  the  recent  forms  and  in  these  this  surface  presents 
a  more  regularly  rounded  appearance.  In  O,  longipes  as  well  as  in 
other  Loup  Fork  forms  the  anterior  part  of  the  maxillary  expands 
rapidly  to  meet  the  posterior  margin  of  the  premaxillary.  Thus  the 
facial  region  is  constricted  behind  the  premaxillaries.  Owing  to  the 
much  more  elongated  muzzle  of  Poebrotherium  the  corresponding  ex- 


Peterson  :  Osteology  of  Oxydactylus.  441 

pansion  of  the  maxillaries  is  more  gradual  in  that  genus.  In  O. 
longipes  as  well  as  in  other  Loup  Fork  forms  the  anterior  part  of  the 
maxillary  expands  rapidly  to  meet  the  posterior  margin  of  the  pre- 
maxillary.  Thus  the  facial  region  is  constricted  behind  the  premaxil- 
laries.  Owing  to  the  much  more  elongated  muzzle  of  Poebrotherium 
the  corresponding  expansion  of  the  maxillaries  is  more  gradual  in  that 
genus.  In  O.  longipes  the  palatine  plates  of  the  maxillaries  are  pro- 
portionally shallower  than  they  are  in  the  recent  forms,  and,  as  in  the 
latter,  they  extend  well  in  front  of  the  canines. 

The  premaxillaries  are  comparatively  heavy  especially  at  the  supero- 
anterior  margin,  and  they  are  expanded  laterally  as  much  as  they  are 
in  the  llama,  forming  an  ovate  and  oblique  narial  opening.  In 
Poebrotherium  the  superior  portion  of  the  premaxillary  is  much  broader 
than  that  of  O.  longipes^  which  again  is  much  broader  than  in  the 
recent  genera.  In  Poebrotherium  the  premaxillaries  are  in  contact 
with  the  nasals  throughout  one  third  the  length  of  the  latter,  as  is  the 
case  also  in  O.  longipes.  In  the  recent  genera  there  is  an  anterior 
process  of  the  maxillaries,  which,  together  with  a  shortening  of  the 
nasals,  has  reduced  the  contact  of  the  latter  elements  with  the  pre- 
maxillaries. The  palatine  plates  and  the  alveolar  border  of  the  pre- 
maxillaries are  heavy  to  accommodate  the  superior  incisors.  The 
anterior  palatine  foramen  is  opposite  the  third  incisor.  In  a  number 
of  different  individuals  of  the  family  Camelidae,  both  recent  and  ex- 
tinct, which  have  been  examined,  the  position  of  the  anterior  palatine 
foramen  seems  to  be  subject  to  considerable  variation.  Sometimes 
they  are  anterior  to  the  lateral  incisors,  again  directly  opposite,  while 
they  will  often  be  found  nearly  posterior  to  that  tooth. 

The  For  ami pia. — The  supra-orbital  canal,  as  in  Poebrotherium ,  is 
placed  well  forward  on  the  frontal  and  as  in  the  recent  camel  it  is  near 
the  median  line.  In  the  llama  the  position  of  these  foramina  is  more 
lateral  and  also  more  posterior.  The  infra-orbital  foramen  is  above 
the  anterior  part  of  molar  i  practically  in  the  same  position  as  in 
recent  genera,  except  that  in  O.  longipes  the  foramen  is  closer  to  the 
alveolar  border.  The  lachrymal  foramen  is  single  and  situated  within 
the  orbit  as  in  the  llama.  The  anterior  palatine  foramen  is  opposite 
incisor  ^,  and  the  posterior  is  situated  anterior  to  pm.  ^.  The  optic 
foramen  occupies  the  same  relative  position  as  in  the  llama ;  that  is, 
immediately  anterior  to  the  large  opening  formed  by  the  confluent 
foramen  rotundum  and  lacerum  anterius.     The  foramen  ovale,  as  in 


442         ,  Annals  of  the  Carnegie  Museum. 

the  llama,  is  separated  fix>in  the  lacerum  medium  only  by  a  long  thin 
bridge.  The  carotid  canal  is  separated  from  the  posterior  lacerated 
foramen  as  in  the  llama  and  differs  in  this  respect  from  that  of  the 
recent  camel  where  the  two  canals  have  a  common  exit.  The  con- 
dylar foramen  is  located  well  back  under  the  anterior  edge  of  the  ac- 
cessory facet  and  is  not  vidble  from  a  direct  palatine  view  of  the 
skull.  The  postglenoid  foramen  is  situated  posterior  to  the  glenoid 
process  and  is  in  appearance  very  similar  to  that  of  the  recent  camel. 
On  the  superior  wall,  at  the  base  of  the  zygomatic  process  of  the 
squamosal  there  is  a  perforation  somewhat  smaller  than  the  corre- 
sponding foramen  in  the  llama,  and,  as  in  the  recent  camel,  it  is  situ- 
ated in  advance  of  the  postglenoid  foramen.  There  is  a  deep  depres- 
ion  and  a  foramen  superior  to  the  exoccipitals  similar  to  the  foramens 
found  in  this  region  in  recent  forms.  In  a  direct  back  view  the  fora- 
men magnum  appears  somewhat  triangular.  Its  superior  border  is 
slightly  emarginated,  the  lateral  borders  being  almost  vertical,  while 
the  inferior  border  is  V-shaped  and  terminates  in  the  groove  which 
separates  the  accessory  facets. 

l%e  Mandible.  — {Y\,  IV,  Fig.  i.)  The  mandible  is  long  and 
slender.  The  symph3rsis  is  long  and  the  rami  firmly  united,  display- 
ing little  or  no  trace  of  the  suture,  which  is  also  true  of  the  recent 
forms.  The  region  anterior  to  the  continuous  molar-premolar  series 
is  comparatively  heavier  than  that  of  the  recent  genera,  owing  to  the 
presence  of  all  the  premolars.  In  this  region  there  are  also  two  slight 
constrictions,  one  in  front  and  one  back  of  pm.  y,  which  are  not 
present  in  the  recent  forms.  The  ascending  ramus  compares  well 
with  the  recent  forms,  especially  the  llama.  The  coronoid  process  is 
high,  thin,  and  projects  slfghtly  backward  at  its  extremity.  The  con- 
dyles have  a  comparatively  greater  transverse  extension  than  in  the  re- 
cent forms.  There  is  a  strong  hook-like  process  on  the  angle  below 
the  condyle,  similar  to  that  in  the  recent  camel.  In  the  llama  this 
process  is  less  pronounced.  The  masseteric  fossa  is  much  deeper  than 
in  the  recent  camel.  In  size,  depth,  and  location  it  is  more  nearly 
like  that  of  the  llama. 

The  Foramina.  —  The  inferior  dental  foramen  is  large  and  occupies 
a  position  similar  to  that  of  the  recent  forms.  The  mental  foramen 
is  placed  low  down  on  the  jaw  directly  under  the  first  premolar. 

Cranial  and  Dental  Variations  in  Lama  huanaco,  —  In  connection 
with  the   dental  characters   and   some   osteological    features  of  the 


Peterson  :  Osteology  of  Oxydactylus.  443 

cranium,  it  may  be  of  interest  to  state  some  observations  made  upon 
a  series  of  twelve  skulls  of  Lama  hiianaco^  which  were  taken  from  one 
and  the  same  herd  of  upwards  of  one  hundred  animals,  at  Cape  Fair- 
weather,  Province  of  Santa  Cruz,  Argentine  Republic,  South  America, 
by  Mr.  J.  B.  Hatcher  and  the  writer,  during  their  explorations  in  that 
country. 

The  chief  differences  in  structure  and  variations  in  position  are 
observed  in  the  third  upper  premolars.  In  some  cases  this  tooth  on 
one  side  occupies  its  natural  position  with  its  greatest  diameter  directed 
antero-posteriorly,  while  the  corresponding  tooth  on  the  opposite  side 
is  placed  transversely  to  the  long  axis  of  the  alveolar  border  ;^  the 
external  face  thus  becomes  anterior,  and  by  wear  a  most  peculiar  sharp 
transverse  crest  is  developed  on  the  anterior  border  of  the  tooth.  In 
some  instances  the  tooth  on  one  side  has  two  strong  fangs  and  is  nat- 
urally placed  in  the  alveolar  border,  while  the  opposite  tooth  is  set 
crosswise  in  the  jaw  and  has  only  a  single  internal  root,  the  external 
being  seemingly  absorbed  by  pm.^.  In  one  case  the  third  premolar 
is  present  and  well  developed  on  one  side  and  on  the  other  side  the 
corresponding  tooth  has  dropped  out  and  the  alveole  is  entirely  closed. 
In  an  old  individual  the  third  upper  premolar  is  absent  on  both  sides 
and  the  alveole  on  one  side  is  entirely  closed,  while  that  of  the  other 
side  contains  a  minute  root,  which,  to  judge  from  its  soft  spongy 
character,  one  would  be  justified  in  saying  never  carried  a  crown. 
(See  Figs,  i  and  2.) 

Another  somewhat  less  noticeable  character  is  the  position  of  the 
inferior  incisors.  In  the  majority  of  cases  the  incisors  have  a  recum- 
bent position  while  frequently  an  individual  especially  an  old  one  will 
be  noticed  with  that  series  in  an  almost  vertical  position.* 

The  anterior  palatine  foramen  and  the  posterior  nares  are  quite 
variable  in  different  individuals.  The  anterior  palatine  foramen  is 
sometimes  long  and  narrow  and  either  somewhat  anterior  to  the  lat- 
eral incisor,  directly  opposite  to  it,  or  occupying  a  position  posterior 
to  it.  Again  the  anterior  palatine  foramen  may  be  shorter  and 
broader,  more  oval  in  shape,  and  vary  in  position,  with  reference  to 
the  lateral  incisors. 

sin  one  case  the  fourth  premolar  has  this  transverse  position  while  the  tooth  in 
front  of  it  occupies  its  natural  position  in  the  jaw. 

®  In  the  collection  is  a  skull  and  lower  jaw  of  an  adult  female  with  but  two  incisors 
in  the  right  mandible,  while  the  left  has  the  normal  number. 


Annals  of  the  Carnegie  Museum. 


The  posterior  narea  are  most  remarkably  variable,  especiaUy  ss  to 
their  shape,  which  ranges  from  a  narrow  Unce-shaped  to  a  wide  U- 


Ku;,i.  I  and  2.  Talale  view-,  of  skulU  of  iwo  guanacDS  taken  from  the  same  bond, 
at  Cope  Fairweothcr,  I'alflgonia,  showing  remarkable  individual  voriation  in  dental 
ond  cronial  clioroclers. 


Peterson  :  Osteolocjy  of  Oxydactylus. 


445 


shaped  anterior  extremity.  The  position  of  their  anterior  border  is 
also  variable.  Furthermore,  the  palatine  fossa  in  different  individuals 
varies  in  depth.  (See  Figs,  i  and  2.)  Other  differences  might  be 
pointed  out,  but  they  are  less  noticeable  and  are  not  very  likely  to 
be  used  in  distinguishing  one  species  from  another. 

From  the  observations  noted  above  it  may  easily  be  seen  how  mis- 
takes are  unintentionally  and  sometimes  unavoidably  made  in  refer- 
ring fragmentary  material  to  the  proper  species  or  even  genus. 

Comparative  Measurements  of  the  Skull  and  Teeth. 

O.  longipes.  C.  bactrianus.  L.  huanaco. 

Greatest  length  of  skull 340  mm.  ^  540  mm.         305  mm. 

Occipital  condyle  to  apex  of  premaxillaries 318  mm.  496  mm.         287  mm. 

Greatest  expanse  of  skull  at  postorbital  processes  126  mm.  241  mm.         150  mm. 

Length  of  sagittal  crest 95  mm.'  100  mm.           45  mm. 

Length  of  nasals,  median  line 98  mm.  45  mm. 

Length  of  palate  from  posterior 

Length  of  nares  to  apex  of  premaxillaries 182  mm.  281  mm.         150  mm. 

Greatest   breadth   of    palate    including  alveolar 

borders  at  m.  3 85  mm.  154  mm.           85  mm. 

Greatest  constriction  of  palate  back  of  pm.  i....  20  mm.  31  mm.           17  mm. 

Length  of  continuous  molar-premolar  series 102  ram.  152  mm.           70  mm. 

Length  of  diastema  between  incisor  3   and  the 

canine 13  mm.  10  mm.            18  mm. 

Length  of  diastema  between  canine  and  pm.  i ..  14  mm.  25  mm. 

Length  of  pm.  I  antero-posteriorly 9  mm. 

Length  of  diastema  between  pm.  i  and  pm.  2  ..  18  mm. 
Distance  from  canine  to  continuous   molar-pre- 

molarseries 40  mm.  91mm.           55  mm. 

Length  of  pm.  2  11  mm. 

Greatest  breadth  of  pm.  2  6  mm. 

Greatest  length  of  pm.  3 14  mm.  16  mm. 

Greatest  breadth  of  pm.  3 20  mm.  15  mm. 

Greatest  length  of  pra.  4 14  mm.  23  mm.            10  mm. 

Greatest  breadth  of  pm.  4 10  mm.  22  mm.           13  mm. 

Greatest  length  of  m.  1 19  mm.  34  mm.            16  mm. 

Greatest  breadth  of  m.  1 16  mm.  31mm.            21mm. 

Greatest  length  of  m.  2 23  mm.  44  mm.           21  mm* 

Greatest  breadth  of  m.  2 20  mm.  31mm.           21mm. 

Greatest  length  of  m.  3 25  mm.  45  mm.           26  mm. 

Greatest  breadth  of  m.  3 20  mm.  25  mm.           20  mm. 

Distance  from  apex  of  premaxillaries  to  anterior 

margin  of  orbit iSo  mm.  250  mm.          165  mm. 

^  This  indicates  the  length  measured  by  comparison  with  other  individuals. 


446  Annals  of  the  Carnegie  Museum. 

Distance  from  anterior  margin  of  orbit  to  supra- 

occi|»tals.., 170  mm.         285  mm.         156  mm. 

Antero-posterior  diameter  of  orbit 45  mm .           67  mm.           50  mm. 

Infero-saperior  diameter  of  orbit 36  mm.           63  mm.          50  mm. 

Mandible, 

Greatest  length  of  mandible  including  incisors...  280  mm.        446  mm.         254  mm. 

Greatest  height  of  mandible  including  coronoid 

process 150  mm.         225  mm.         158  nun. 

Height  of  coronoid  process 48  mm.           77  mm.          50  mm. 

Depth  of  ramus  at  m.  3 48  mm.          67  mm.          43  mm. 

Depth  of  ramus  at  pm.  1 25  mm.          36  mm.          20mm. 

Length  of  diastema  between  canine  and  pm.  I...  17  mm.          30  mm. 

Length  of  pm.  i  antero-posteriorly 9  mm. 

Length  of  continuous  molar-premolar  series 104  mm.         155  mm.          73  mm. 

Length  of  diastema  between  pm.  I  and  pm.  2 17  mm. 

Distance  from  canine  to  continuous  molar-pre- 
molar series 45  mm.         no  mm.          63  mm. 

Length  of  pm.^ 10  mm. 

Breadth  of  pm.  2 5  mm. 

Length  of  pm.  3 12  mm. 

Breadth  of  pm.  3   5  mm. 

Length  of  pm.  4 12  mm.          24  mm.          12  mm. 

Breadth  of  pm.  4 7  mm.           16  mm.            8  mm. 

Length  of  pm.  1 18  mm.           32  nam.           15  nun. 

Breadth  of  pm.  1 10  mm.          28  mm.           13  mm. 

Lengthofpm.  2 23  mm.          44  mm.          18  mm. 

Breadth  of  pm.  2 14  mm.           26  mm.           15  mm. 

Lengthofpm.  3 31  mm.           57  mm.           30  nmi. 

Breadth  of  pm.  3 13  mm.           21mm.           15  mm. 

The  Vertebral  Formula.  —  The  vertebral  formula  in  O.  longipes  ap- 
pears to  be  as  follows  :  Cervicals  seven,  dorsals  twelve,  lumbars  seven, 
sacrals  four  and  caudals  fourteen  {?). 

In  the  type  (No.  918),  the  cervical  region  and  the  sacrum  is  com- 
plete ;  there  are  six  dorsals  and  four  lumbars  represented,  but  no  cau- 
dals. While  the  caudal  region  is  conjectural  the  writer  is  firmly  of 
the  opinion  that  in  other  respects  the  vertebral  formula  is  correct,  in 
view  of  the  fact  that  it  agrees  with  that  of  the  recent  Tylopoda,  and 
was  perhaps  fully  established  in  the  Uinta  representatives.^  A  skele- 
ton (No.  562)  which  is  referred  to  the  genus  Oxydactylus  and  has  the 
complete  cervical  region,  the  five  anterior  dorsals,  three  or  four  of  the 

*^In  Bull.  Am.  Mus.  Nat.  Hist.,  Vol.  X,  p.  107,  1898,  Wortman  describes  Proty- 
loptts  pettrsoni  as  having  four  sacrals,  seven  lumbars,  and  intimates  that  there  are 
twelve  dorsals. 


Peterson  :  Osteology  of  Oxydactylus.  447 

posterior  dorsals,  with  the  complete  lumbar  region  and  sacrum,  all  in 
position  and  articulated  by  their  zygapophyses  save  at  the  break  in  the 
dorsal  region  affords  additional  evidence  as  to  the  vertebral  formula. 

The  Atlas.  —  ( PI.  V,  Fig.  i . )  The  atlas  is  proportionally  long 
and  narrow,  in  this  respect  more  nearly  resembling  Poebrotherium 
than  the  recent  camel  or  the  llama.  The  articulations  for  the  occipital 
condyles  are  deeply  concave,  almost  meeting  inferiorly  in  the  median 
line.  Superiorly  the  notch  is  proportionally  much  narrower  and  some- 
what deeper  than  in  the  recent  forms.  Externally  each  cotylus  is 
notched  like  that  of  the  recent  Tylopoda.  The  dimensions  of  the 
cotylus  are  nearly  alike  in  O.  longipes  and  the  specimens  of  the  llama 
here  used  for  comparison.  The  neural  arches  are  also  approximately 
of  the  same  height.  The  spine  is  rudimentary  as  in  the  living  genera. 
The  keel  on  the  inferior  arch  well  developed  but  does  not  extend  to 
the  posterior  margin  as  it  does  in  the  llama.  There  is  a  deep  de- 
pression on  either  side  of  the  median  keel,  which  takes  up  the  entire 
inferior  surface  of  the  atlas.  Articular  surfaces  for  contact  with  the 
accessory  facets  of  the  basi-occipitals  are  present  on  the  anterior  sur- 
face of  the  inferior  arch,  though  absent  in  Poebrotherium ^  The  arti- 
culation for  the  axis  extends  higher  up  on  the  arch  and  is  compara- 
tively narrower  than  in  the  recent  camel  and  llama.  This  articulation 
is  more  vertical  than  in  the  llama  and  is  quite  distinct  from  that  in 
any  of  the  living  forms. 

Another  character  distinguishing  the  present  genus  from  the  recent 
camels  is  the  posterior  prolongation  of  the  alse.  This  seems  to  be  the 
condition  also  in  the  other  genera  of  the  Loup  Fork  camels.  In 
other  respects  the  transverse  processes  are  similar  to  those  in  the  atlas 
of  the  recent  camel  and  the  llama.  The  foramen  for  the  superior 
branch  of  the  first  spinal  nerve  compares  well  with  that  of  the  recent 
genera.  Its  posterior  opening  is  located  at  the  base  and  on  the  dorsal 
side  of  the  transverse  process. 

The  Axis,  —  (PI.  V,  Fig.  2.)  There  is  a  striking  similarity  in 
the  height  and  position  of  the  neural  spine  and  the  shape  of  the 
odontoid  process  in  the  axis  of  Oxydactylus  longipes  and  that  of  the 
recent  camel.  The  spine  overhangs  the  neural  canal  anteriorly  as  in 
the  recent  camel  and  extends  backwards  and  gently  upwards  to  the 
extreme  posterior,  border  of  the  neural  arch  terminating  above  in  a 
heavy  and  rugose  tubercle.     In  the  llama  the  spine  does  not  over- 

^  foum.  Morph.,  Vol.  V,  No.  I,  p.  28. 


448  Annals  op  the  Carnegie  Museum. 

hang  in  front  but  rises  move  abroptlj,  terminating  above  in  the  rugose 
tuberde,  or  knob,  which  forms  the  summit  of  the  spine.  The  anterior 
opening  of  the  vertebrarterial  canal  is  placed  well  forward  and  has  the 
same  lateral  position  as  in  the  recent  camel  and  the  llama.  The  ex- 
ternal opening  is  divided  by  a  heavy  bony  plate,  while  that  of  the  re- 
cent forms  is  undivided.  A  tendency  to  divide  in  the  recent  genera, 
especially  in  the  llama,  is  sometimes  shown  by  a  short  process  on  the 
anterior  border  of  the  opening.  The  odontoid  process  has  a  less 
spout-like  appearance  than  in  the  llama,  in  this  repect  more  nearly 
resembling  that  of  the  recent  camel.  The  transverse  processes  and 
the  inferior  keel  of  the  axis  are  proportionally  lighter,  and  the  latter 
is  less  rugose  but  more  produced  than  in  the  camel  and  the  llama, 
the  expansion  of  the  xygapophyses  in  O.  iangifes  is  not  so  great  as  in 
recent  forms. 

The  length  of  the  axis  in  comparison  with  that  of  the  third  cervical 
is  entirely  different  from  that  which  obtfins  in  any  of  the  living  forms. 
In  the  ncent  camel  the  axis  is  the  longest  cervical.  In  the  llama  the 
axis  and  the  third  cervical  are  of  nearly  equal  length,  while  in  O, 
Umgifes  the  axis  is  much  shorter  than  the  third  cervical. 

The  Tkird  Cervicai.  —  The  third  cervical  vertebra  is  the  longest  in 
the  vertebral  series.  The  neural  spine  is  proportionally  higher  than 
in  the  llama,  but  the  laminae,  extending  from  the  spine  to  the  post- 
zygapophyses  as  seen  in  the  llama,  are  wanting.  The  spine  is  lighter, 
but  higher,  than  in  recent  forms.  The  anterior  and  posterior  divi- 
sions of  the  transverse  process  are  nearly  as  well  developed  and  occupy 
the  same  relative  position  as  in  the  llama,  /'.  f. ,  the  anterior  process  is 
placed  somewhat  lower  down  on  the  centrum  and  is  directed  outward, 
downward,  and  forward,  while  the  posterior  process  is  situated  higher 
on  the  centrum  and  is  more  nearly  horizontal,  llie  inferior  keel  is  a 
prominent  rugose  tubercle  and  extends  more  downward,  but  is  not  so 
heavy  as  that  of  the  llama.  In  the  type,  the  keel  does  not  extend  so 
far  forward  as  in  the  llama,  while  other  individuals  of  the  same  genus 
show  a  faintly  marked  keel  throughout  the  entire  length  of  the  centrum. 
The  pedicles  are  deeply  notched,  especially  anteriorly,  to  admit  the 
passage  of  the  spinal  ner\'es.  On  this  vertebra,  there  is  no  visible 
vertebrarterial  canal.  From  the  base  of  the  j»re/yga{>o{>hysis  there  is 
a  sharp  ridge  extending  posteriorly  alonj^  the  pedicle  for  some  disianc  e, 
which  is  similar  to  that  in  Potf'rotherium  and  the  rci  cnl  lorn^s.  'I  he 
posl/ygajK)physes  are  heavier  than  the  pre/ygapO|>hyses  and  more 
ex{vanded  laterally. 


Peterson  :  Osteology  of  Oxydaciylus.  449 

Fourth  CenncaL  — The  fourth  cervical  is  essentially  a  duplication 
of  the  third,  except  that  it  is  heavier.  The  spine  differs  from  that  in 
recent  forms  by  being  broader  antero-posteriorly.  It  extends  unin- 
terruptedly backwards  to  the  base  of  the  postzygapophyses.  The  infe- 
rior keel  is  heavy  and  terminates  in  a  rugose  knob  at  the  posterior 
inferior  end  of  the  centrum.     There  is  no  vertebrarterial  canal. 

The  Fifth  Cervical.  — The  fifth  cervical  is  about  20  mm.  shorter 
than  the  fourth,  but  heavier  than  that  vertebra.  The  neural  spine 
more  nearly  resembles  that  of  the  same  vertebra  in  recent  forms  being 
somewhat  depressed  posteriorly  and  broad  superiorly.  The  anterior 
division  of  the  transverse  process  is  directed  downward  and  forward 
extending  somewhat  in  advance  of  the  centrum,  similar  to  that  of  the 
llama.  The  inferior  keel  is  as  prominent  as  that  of  the  fourth  cervi- 
cal.    The  other  characters  are  similar  to  those  of  the  latter  vertebra. 

Sixth  Cervical.  — The  sixth  cervical  is  proportionally  shorter  than 
is  that  in  the  llama  and  retains  the  characters  seen  in  that  of  Poehro- 
therium.  The  corresponding  vertebra  in  the  recent  camel  is  remark- 
ably similar  in  character  while  that  of  the  llama  is  widely  different. 
In  Oxydactylus  the  centrum  is  39  mm.  shorter  than  that  of  the  fifth, 
more  strongly  convex  anteriorly,  and  somewhat  more  concave  posteri- 
orly than  any  of  the  preceding  vertebrae.  The  inferior  keel  is  well 
represented.  The  neural  spine  is  high,  similar  to  that  of  the  camel 
and  occupies  the  entire  length  of  the  superior  border  of  the  neural 
arch.  In  the  llama  the  spine  is  represented  by  a  low  heavy  ridge 
which  is  confluent  with  the  postzygapophyses,  while  in  Oxydactylus 
longipes  and  the  recent  camel  the  spine  is  entirely  independent  and 
extends  to  the  posterior  margin  of  the  neural  arch.  The  transverse 
process  is  like  that  of  the  llama,  a  thin  plate  of  bone  occupying  a  con- 
siderable portion  of  the  side  of  the  centrum.  The  inferior  lamella,  as 
in  Po'ebrotherium  ^^  and  Camelus  bactrianus^  is  not  divided,  while  in  the 
llama  there  is  a  distinct  posterior  and  anterior  division  of  this  element. 
In  the  type,  this  lamella  occupies  the  entire  length  of  the  inferior  and 
exterior  part  of  the  centrum,  pointing  downward  and  outward  ;  the 
anterior  and  posterior  terminations  are  rounded  tubercles  connected 
by  a  thin  and  slightly  emarginated  plate  of  bone.  The  vertebrarterial 
canal  is  located  in  the  pedicle  as  is  that  in  the  llama. 

The  Seventh  Cervical.  —  The  seventh  cervical  is  approximately  30 
mm.  shorter  than  the  sixth.     The  anterior  face  of  the  centrum  is  de- 

^^Journ.  Morph.^  Vol.  V,  No.  I,  p.  26. 


'  J^^l 


4    < 


450 


Annals  of  the  Carnegie  Museum. 


cidedly  hemispherical  and  the  whole  body  of  the  centrum  anteriorly 
has  a  decurved  position  resulting  in  a  greatly  curved  keel.  Posteriorly 
this  vertebra  is  restored  and  the  characters  in  this  region  are  conjec- 
tural. The^r^tored  parts  are  indicated  in  the  illustrations  by  broken 
lines.  The  anterior  portion  of  the  neural  spine  is  preserved  as  it  was 
found  in  position  in  the  rock  and  indicates  a  high  laterally  compressed* 
plate  of  bone  similar  to  that  of  the  recent  camel  and  much  unlike  the 
low  heavy  spine  of  the  llama.  The  anterior  zygapophyses  are  greatly 
expanded/ and  the  transverse  processes  are  heavy  and  in  general  char- 
acter resemble  those  of  the  Qving  forms. 

Cervical  vertebrae  are  rare  among  the  Loup  Fork  camel  remains  so 
far  obtained,  and  some  disappointment  is  therefore  met  with  in  a  com- 
parative study  of  them.  When  more  complete  material  of  the  differ- 
ent genera  and  species  are  discovered  we  shall  undoubtedly  be  able  to 
determine  whether  or  not  the  axis,  as  in  Camehs,  is  the  longest  ver- 
tebra in  the  cervical  series  in  any  of  the  Loup  Fork  forms,  or,  if  they 
ally  as  in  the  llama,  had  the  third  and  fourth  cervical  the  longest. 
On  the  whole,  the  structure  in  the  cervical  region  of  O,  langipes  is  far 
more  similar  to  that  of  the  llama  than  to  that  of  the  recent  camel. 
The  strong  downward  curve  of  the  posterior  cervicals  which  brings 
the  cranium  more  nearly  on  a  level  with  the  vertebral  column  in 
Camelus  seems  to  have  been  less  apparent  in  O.  longipes.  The  latter 
genus  probably  carried  the  head  higher  than  the  former. 

The  Dorsals.  — There  are  six  dorsal  vertebrae  represented  in  the 
type  specimen.  Their  relative  positions  as  determined  are  the  first, 
fifth,  sixth,  seventh,  ninth,  and  tenth,  assuming  that  there  were  twelve 
dorsals,  which  was  the  probable  number. 

The  First  Dorsal,  —  The  centrum  of  the  first  dorsal  is  approxi- 
mately 1 8  mm.  shorter  than  that  of  the  last  cervical,  and  also  less 
opisthocoelous.  Inferiorly  the  centrum  presents  a  faintly  marked 
median  keel  with  strong  lateral  ridges.  Between  the  lateral  ridges 
and  the  capitular  facet  is  a  deep  pit  or  groove,  which  is  also  present 
on  this  vertebra  in  recent  forms.  The  neural  spine  is  high,  laterally 
compressed,  and  comparatively  broader  than  that  in  the  camel  and 
the  llama.  The  prezygapophysis  and  the  tubercular  facet  together 
form  a  heavy  transverse  process.  The  prezygapophyses  are  greatly 
expanded  and  are  placed  low  down,  giving  a  depressed  appearance  to 
the  vertebra.  The  postzygapophysial  facets  of  opposite  sides  are 
confluent.  In  the  camel  and  the  llama  there  is  a  decided  groove 
separating  the  two  facets. 


Peterson  :  Osteology  of  Oxydactylus.  451 

Dorsals  Two  to  Twelve,  — As  before  stated,  there  is  a  break  in  the 
vertebral  column  of  the  type  specimen,  between  dorsals  one  and  five, 
three  vertebrae  being  entirely  absent.  From  other  material  (No. 
562)  it  is  evident  that  the  second  dorsal  has  a  shorter  centrum  than 
the  first,  as  in  the  camel,  while  in  the  llama  the  two  are  about  equal. 
It  appears  that  the  median  ridge  on  the  inferior  face  of  the  centrum  is 
well  marked,  but  the  pits  referred  to  in  describing  the  first  dorsal  are 
nearly  obsolete.  From  the  material  at  hand  it  is  obvious  that  the 
spine  is  higher  and  narrower  than  that  on  the  first  dorsal,  and  that  it 
increases  in  height  until  the  fifth  vertebra  is  reached,  and  in  width 
until  the  sixth,  which  also  seems  to  be  true  in  the  recent  forms.  The 
third  and  fourth  vertebrae  are  apparently  very  similar  to  the  second. 
The  posterior  part  of  the  centrum  of  the  fifth  dorsal  is  present  in  the 
type  and  was  found  in  position  with  the  two  succeeding  vertebrae 
which  were  interlocked  by  their  zygapophyses  when  found.  The 
centra  of  these  two  vertebrae  (sixth  and  seventh)  are  more  laterally 
compressed,  and  somewhat  higher  proportionally  than  are  those  of 
the  preceding  dorsals.  The  neural  canal  is  moderately  large.  The 
transverse  processes  are  comparatively  heavy,  and  the  zygapophyses 
have  that  peculiar  continuous  articulation  from  side  to  side  referred  to 
in  the  description  of  the  first  dorsal.  The  ninth  and  tenth  dorsals 
are  complete  including  the  neural  spines  and  present  characters  simi- 
lar to  that  of  the  sixth  and  seventh.  The  transverse  processes  on  the 
ninth  and  tenth  dorsals  are  greatly  reduced.  The  neural  spines  are 
broad  and  thin.  The  spine  on  the  tenth  dorsal  is  slightly  recurved 
superiorly,  in  anticipation  of  the  erect  spine  of  the  anticlinal  or 
twelfth  vertebra.  The  postzygapophysis  on  the  tenth  dorsal  has  a 
small  groove  separating  the  articulating  facets  while  the  prezygapoph- 
yses  of  the  ninth  indicate  a  continuous  facet.  The  eleventh  and 
twelfth  dorsals  are  missing  in  the  type. 

The  Lumbar  Vertebne.  —  In  the  type  of  this  genus  the  three  ante- 
rior lumbars  are  missing.  The  four  vertebrae  present  were  found 
interlocked  by  their  zygapophyses  and  also  attached  to  the  sacrum. 
In  skeleton  No.  562  the  first  four  lumbar  vertebrae  have  their  centra 
of  equal  length,  while  the  centra  of  the  following  vertebrae  become 
shorter,  the  last  being  the  shortest,  broadest,  and  most  depressed  in 
the  series.  The  lumbars  present  in  the  type  show  less  development 
of  the  inferior  keels  than  is  shown  in  the  recent  camel  and  the 
llama,  and   differ  from    the    latter   genera   by  having  strong  lateral 


462  Annals  of  the  Carnegie  Museum. 

ridges  on  dther  side  of  the  median  line  or  keel.  The  zygapophyses 
have  the  usual  interlocking  features,  with  evidence  of  the  presence 
of  episphenial  processes,  lalthot^  not  constant  throughout  the  series. 
The  neural  spines  have  a  greater  forward  slope  than  those  of  the 
recent  genera.  Posteriorly  and  near  the  base  the  spines  send  heavy 
laminae  to  each  postzygapophysis,  thus  forming  a  deep  triangular  pit 
back  of  the  base  of  the  spines ;  a  character  which  is  almost  entirely 
absait  in  the  recent  camel  and  the  llama.  A  great  similarity  between 
Oxydactyhs  Itrngipes  and  the  recent  forms  is  noticeable  in  the  trans* 
verse  processes.  In  the  type  specimen  these  are  preserved  in  some 
instances  for  more  than  half  their  estimated  length.  The  left  trans- 
verse process  on  the  last  lumbar  is  complete  and  is  proportionally 
flatter  than  in  that  of  the  recent  genera,  especially  the  camel,  in  which 
the  corresponding  process  is  more  nearly  circular  in  cross-section. 

The  Sacnm.  —  (PL  VI,  Fig.  8.)  There  are  four  firmly  coossified 
centra  in  the  sacrum  of  Oxydactylus  longipes.  This  region  of  the  ver- 
tebral column  is  proportionally  somewhat  lighter  than  in  the  recent 
forms,  as  will  appear  from  the  comparative  measurements.  The  sa- 
crum of  Oxydaetybts  kmgipes  is  but  very  little  longer,  while  the  great- 
est lateral  expansion  is  actually  less  than  that  of  the  llama.  The  first 
sacral  is  broad,  nearly  flat  inferiorly,  and  sends  out  heavy  pleurapoph- 
yses  to  meet  the  ilium,  which  is  supported  only  by  the  first  sacral 
vertebra.  The  neural  spines,  as  in  recent  forms,  are  very  light,  the 
arches  greatly  depressed  and  thin,  especially  in  the  first  and  second 
sacrals.  The  last  two  sacrals  have  comparatively  heavy  rounded  spines 
and  the  centra  assume  a  cylindrical  form  more  like  those  of  the  caudal 
vertebrae. 

The  Caudals,  —  In  skeleton  No.  562  there  is  preserved  only  a  single 
fragment  of  a  median  caudal.  Judging  from  the  rapid  tapering  of  the 
centra  in  the  sacrum  the  tail  was  not  longer  than  that  of  the  camel,  or 
may  even  have  been  shorter. 

The  Ribs,  — There  are  in  the  type  (No.  918)  a  number  of  rib  frag- 
ments, including  the  first  rib  on  one  side  nearly  complete.  The  gen- 
eral form  of  the  ribs  resembles  that  of  the  recent  species.  The  first  rib 
is  short,  subcylindrical  proximally,  and  considerably  more  flattened 
and  expanded  distally.  The  fragmentary  remains  of  the  ribs  indicate 
that  they  were  broad  and  rather  thin  in  the  anterior  half  of  the  thorax, 
while  they  become  more  rod-like  posteriorly.  The  short  distance  be- 
tween the  head  and  the  tubercles  of  the  ribs  would  seem  to  indicate  a 
rather  small  thorax.     No  sternal  bones  are  known. 


Peterson  :  Osteology  of  Oxydactylus. 


453 


Comparative  Measurements  of  the  Vertebral  Column. 

O.  loMg^pes  C.  hactrianus.  L.  huanaco. 

Greatest  length  of  atlas 80  mm.  105  mm.  .  58  mm. 

Greatest  breadth  of  atlas 75  mm.  122  mm.  76  mm. 

Length  of  atlas  median  line  inferiorly  43  mm.  61  mm.  34  mm. 

Greatest  breadth  of  cotyle 55  mm.  105  mm.  52  mm. 

Height  of  atlas  posteriorly,  including  the  inferior 

tubercle 42  mm.  75  mm.  44  mm. 

Greatest  length  of  axis 158  mm.  220  mm.  121mm. 

Length  of  centrum 138  mm.  180  mm.  102  mm. 

Length  of  odontoid  process 20  mm.  24  mm.  16  mm. 

Greatest  height  of  axis 65  mm.  104  mm.  60  mm. 

Greatest  width  of  centrum  anteriorly 51  mm.  85  mm.  49  mm. 

Greatest  length  of  third  cervical 195  mm.  190  mm.  124  mm. 

Length  of  centrum  of  third  cervical  anteriorly...  174  mm.  165  mm.  no  mm. 

Width  of  centrum  of  third  cervical 26  mm.  44  mm.  26  mm. 

Greatest  length  of  fourth  cervical 191  mm.  185  mm.  124  mm. 

Length  of  centrum  of  fourth  cervical 176  mm.  162  mm.  108  mm. 

Width  of  centrum  of  fourth  cervical  anteriorly..  34  mm.  50  mm.  29  mm. 

Greatest  length  of  fifth  cervical 169  mm.  183  mm.  119  mm. 

Length  of  centrum  of  fifth  cervical 150  mm.  158  mm.  100  mm. 

Width  of  centrum  of  fifth  cervical  anteriorly 34  mm.  55  mm.  31mm. 

Greatest  length  of  the  sixth  cervical 135  mm.  175  mm.  J 02  mm. 

Length  of  centrum  of  the  sixth  cervical no  mm.  1^0  mm.  83  mm. 

Width  of  centrum  of  the  sixth  cervical  anteriorly  37  mm.  61  mm.  33  mm. 

Greatest  length  of  seventh  cervical *ioo  mm.  138  mm.  78  mm. 

Length  of  centrum  of  seventh  cervical ^77  mm.  115  mm.  59  mm. 

Width  of  centrum  of  seventh  cervical  anteriorly  37  mm.  64  mm.  35  mm. 

Greatest  length  of  first  dorsal 78  mm.  115  mm.  55  mm. 

Length  of  centrum  of  first  dorsal 55  mm.  79  mm.  39  mm. 

Height  including  spine  of  first  dorsal 125  mm.  215  mm.  105  mm. 

Width  across  transverse  processes  of  first  dorsal..  87  mm.  125  mm.  73  mm. 

Length  of  centrum  of  fourth  lumbar 53  mm.  71mm.  45  nim. 

Length  of  centrum  of  fifth  lumbar 50  mm.  71mm.  44  mm. 

Total  length  of  centra  of  fourth,  fifth,  sixth  and 

seventh  lumbars 205  mm.  265  mm.  165  mm. 

Greatest  length  of  sacrum ^142  mm.  211  mm.  130  mm. 

Greatest  width  of  sacrum no  mm.  195  mm.  120  mm. 

Greatest  width  at  posterior  end  of  sacrum 41  mm.  75  mm.  43  mm. 


The  Scapula  and  Fore  Limb.      (PI.  VII,  Fig.  i.) 

The  scapula  is  longer  than  in  the  llama.  The  neck  is  longer  and 
more  constricted.  The  coracoid  is  proportionally  less  prominent,  and 
the  spine  overhangs  the  postscapular  fossa  more  than  it  does  in  the 
llama.     In  the  type  the  spine  begins  35  mm.  above  the  glenoid  cavity 


464  Annals  of  the  Carnegie  Museum. 

and  extends  in  a  curved  line  nearly  to  the  superior  border,  dividing 
the  blade  into  a  greater  post-  and  lesser  pre-scapula.  Superiorly  the 
scapula  is  compaiatively  much  broader  than  that  of  the  camel,  which 
has  a  long  and  slender  scapula  with  the  pre-  and  post-scapulae  more 
nearly  equal.     The  acromion  is  broad. 

7%e  Humerus.  —  (H,  VII,  Figs.  2  and  3. )  With  the  exception 
of  the  tubeiteity,  the  humerus  of  the  cotype  (No.  886)  of  this 
genus  is  wdl  preserved.  Other  material  in  the  museum  collec- 
tions supplement  this  and  the  humerus  agrees  in  its  chief  characters 
with  Cope's  description  of  that  in  Procamelus  ocddentaHs.^^  Of  the 
latter  Cope  says,  **  The  humerus  is  rather  slender,  and  is  characterized 
by  the  laige  mze  of  the  tuberosities.  They  are  connected  at  their 
bases,  the  connecting  mass  enclosing  a  deep  fossa  with  the  head,  or 
condyle.  The  greater  tuberosity  is  produced  much  beyond  the  head 
proximally,  but  not  much  beyond  the  line  of  the  anterior  border  of 
the  shaft."  In  the  cotype  the  head  is  comparatively  as  large  as  that 
of  the  Uama,  and  fully  as  convex.  From  material  at  hand  it  appears 
that  the  bicipital  groove  is  so  situated  that  in  a  direct  front  view  it 
appears  on  one  side  while  that  of  the  camel  and  the  llama  is  exactly 
in  front.  The  deltoid  ridge  and  hook,  as  well  as  the  supinator  ridge, 
is  fully  as  well  developed  as  in  the  recent  forms.  The  distal  end  of 
the  humerus  is  proportionally  narrow,  and  as  in  Poebrotkerium  the 
trochlea  is  more  oblique  to  the  long  axis  of  the  shaft  and  extends 
higher  up  on  the  bone  posteriorly  than  it  does  in  the  llama.  In 
Camelus  this  character  is  more  nearly  like  that  in  O.  longipes.  The 
internal  epicondyle  has  a  greater  development  in  O,  longipes  than  in 
the  recent  forms.  The  external  epicondyle  is  less  developed  and  is 
more  like  that  of  the  recent  camels.  The  anconeal  fossa  is  narrow 
and  high.  There  is  no  evidence  of  a  supratrochlear  foramen.  The 
appearance  of  the  humerus  aside  from  the  greater  development  of  the 
tuberosities,  compares  closely  with  that  of  the  llama.  The  deltoid 
crest  is  turned  backward.  The  bone  is  light,  in  harmony  with  the 
slender  proportions  of  the  limb. 

The  Ulna  and  Radius. —  (PI.  VIII,  Fig.  1.)  There  is  preserved  in 
the  type  only  the  proximal  end  of  the  ulna  and  radius.  The  cotype 
(No.  886)  has  both  bones  present.  The  two  bones  are  as  com- 
pletely coossified  as  in  the  recent  forms.  The  shaft  is  as  straight  as 
that  of  the  camel  and  less  curved  than  that  of  the  llama.     The  head 

"  *'  U.  S.  Geogr.  S.,"  Part  II,  Vol.  IV,  p.  533,  1877. 


Peterson  :  Osteology  of  Oxydactylus.  455 

of  the  radius  is  narrow.     The  external  articular  facet  for  the  humerus 
is  much  larger  than  the  internal,  and,  as  in  recent  genera,  it  is  not 
continuous  with  the  superior  border  of  the  sigmoid  notch.     The  inter- 
nal facet  passes  upward  without  interruption  to  the  summit  of  the  supe- 
rior process.     The  two  facets  are  concave  and  are  divided  by  a  rounded 
ridge  which  also  extends  uninterruptedly  to  the  upper  extremity  of 
the  sigmoid  notch.     The  olecranon  process  is  moderately  long,  com- 
paratively light,  and  much  compressed  laterally,  and  is  directed  back- 
wards and  upwards  from  the  sigmoid  notch.     In  having  the  groove 
on  the  anterior  face  well  developed  for  the  extensor  tendon  Oxydacty- 
lus differs  entirely  from  the  recent  camel  and  the  llama.     Po'ebrothe- 
riiim  has  also  this  groove  well  developed.     The  truncated  superior  end 
of  the  olecranon   process  of    Oxydactylus  longipes  is   comparatively 
lighter  than  that  of  the  recent  genera.      The  proximal  half  of  the 
ulnar  shaft  is  concealed  by  the  radius  when  viewed  from  the  front. 
Midway  the  shaft  of  the  ulna  appears  on  the  external  side  of  the  radius 
and  forms  a  sharp  ridge  thus  broadening  the  shaft  composed  of  the 
combined  radius  and  ulna  which  is  decidedly  wider  distally  than  proxi- 
mally.     In  the  skeleton  of  Lavia  huauaco,  here  used  for  comparison, 
the  ulna  like  that  of  the  camel  has  a  more  external  position  through" 
out  the  entire  length  of  the  radial  shaft.     This  may  be  due  to  indi- 
vidual variation,  since  Scott  says  that  the  ulna  in  the  llama  is  almost 
entirely  posterior  in  position. ^^     In  the  type  the  bicipital  tuberosity  is 
small  as  in  Po'ebrotheriufn  and  occupies  the  internal  border  immedi- 
ately below  the  head  as  in  the  recent  forms.      Distally  there  are  three 
distinct  facets  which  are  more  nearly  equal  in  width  than  in  the  recent 
camel  and  the  llama.     The  median  and  external  facets  are  propor- 
tionally wider  than  in  the  latter  genera.     The  three  facets  are  more 
oblique  to  the  transverse  axis  of  the  shaft  than  they  are  in  the  llama. 
The  scaphoid  articulation  is  concave  anteriorly  where  it  is  more  ele- 
vated than  the  convex  posterior  part,  which  is  carried  high  up  on  the 
posterior  face  of  the  radius,  conditions  similar  to  those  seen  in  the 
recent  genera.     The  lunar  articulation  is  wider  anteriorly  than  pos- 
teriorly and  presents  a  subtriangular  facet,   which  is  well    separated 
from  the  scaphoid  and  cuneiform  facets  by  high  ridges.      Like  the 
scaphoid  the  lunar  facet  is  concave  in  front  and  convex  behind,  and  is 
reflected  on  the  posterior  face  of  the  radius  but  in  a  lesser  degree. 
The  cuneiform  facet  is  proportionally  narrower  than  in  the  llama,  and 

^^Journ.  Morph.y  Vol.  V,  No.  I,  p.  32,  1 891. 


456  Annals  of  the  Carnegie  Museum. 

as  in  the  latter  it  is  saddle-shaped^  convex  antero-posteriorly  and  con- 
cave laterallf.  The  pisiform  articulation  on  the  shaft  is  almost  con- 
tinuous with  the  omeiform  fiu:et  and  is  placed  as  high  as  the  upper 
margin  of  the  postericnr  scaphoid  fiuret.  The  inner  angle  of  the  radius 
is  as  well  developed  in  O.  hmgipes  as  in  the  llama. 

The  Scaphoid.  -^The  scaphoid  (No.  886)  is  proportionally  smaller 
than  in  the  llama,  but  resembles  it  in  its  general  characters.  In  the 
cot3rpe  this  bone  is  narrow  transversely  and  deep  antero-posteriorly. 
The  anterior  part  of  the  proximal  articulation  is  a  broad  convex  ridge^ 
and  the  posterior  part  is  concave  and  terminates  in  an  elevated,  sharp, 
hook-like  bonter.  The  inner  side  Is  rounded  and  rugose,  the  external 
ulnar  sur&ce  is  a  vertical  plane  with  three  distinct  facets  for  the  lunar, 
which  are  as  well  developed  as  those  of  the  llama,  the  anterior  &cet 
near  the  distal  end  being  the  smallest  of  the  three.  Between  the  last 
mentioned  focet  and  the  posterior  rounded  facet,  there  is  a  deep  tri- 
angular pit,  with  its  broad  exit  directed  downward.  Distally  the 
scaphoid  has  two  fiurets,  for  the  trapezoid  and  the  magnum.  The 
first  mentioned  is  a  rounded  concavity  on  the  postero-radial  part  of 
the  bone  and  the  magnum  &cet  is  flat  and  occupies  the  entire  an- 
terior face. 

The  Lunar.  —  The  lunar  (No.  886)  is  proportionately  greater  in  size 
than  is  that  of  the  llama  and  the  camel.  The  wedge  or  beak  extends 
below  both  scaphoid  and  cuneiform  when  in  position  in  the  carpus. 
The  bone  is  as  broad  as  the  scaphoid  and  higher.  Its  antero-pos- 
terior  diameter  is  nearly  as  great  as  that  of  the  scaphoid.  This  is 
chiefly  due  to  the  long,  heavy,  posterior  arm,  which  greatly  exceeds 
that  of  the  llama  in  size.  The  proximal  articulation  is  irregularly 
convex  fore  and  aft  and  somewhat  triangular  in  shape.  The  radial 
side  has  three  facets  corresponding  to  those  of  the  scaphoid  with 
which  it  articulates.  On  the  radial  and  ulnar  sides  the  lunar  is  deeply 
excavated  and  the  bone  has  an  elongated  vertical  appearance,  especi- 
ally when  seen  from  in  front. 

There  are  two  posterior  processes,  the  shorter  projects  outwards 
and  downwards  on  the  ulnar  side,  abutting  against  the  cuneiform  and 
unciform,  the  longer  process  extends  posteriorly,  slightly  radially  and 
has  a  beak-like  decurved  tubercle  which  forms  the  apex  of  the  facet 
for  the  magnum.  Distally  the  unciform  and  magnum  facet  are  equal 
in  size  and  meet  nearly  at  right  angles,  thus  forming  a  wedge-shaped 
beak,  which  is  longer  than  is  that  in  the  llama  and  the  camel. 


Peterson  :  Osteology  of  Oxydactylus.  457 

The  Cuneiform, — As  m  Po'ebrotherium  the  cuneiform  in  the  co- 
type  (No.  886)  is  high,  narrow  and  deep,  not  nearly  so  massive  as 
that  of  the  llama  and  has  a  greater  concavity  on  the  proximal  artic- 
ular facet  for  the  ulna  than  it  has  in  the  latter  genus.  The  convex 
posterior  facet  for  the  pisiform  extends  somewhat  farther  forwards, 
especially  on  the  radial  side  of  the  bone,  thus  giving  a  shorter  oblique 
facet  for  the  distal  end  of  the  ulna  than  is  seen  in  the  llama.  The 
radial  side  is  deeply  excavated  and  has  two  facets,  one  superior  and 
one  inferior,  the  latter  much  less  deeply  excavated  than  is  that  of  the 
llama,  which  fact  is  due  to  the  lesser  angularity  of  the  posterior  bifid 
projection  of  the  lunar  in  O.  lon^pes.  The  external  or  ulnar  face  of 
the  cuneiform  is  rounded  and  rugose.  Distally  there  is  a  single  facet, 
concave  antero-posteriorly,  for  articulation  with  the  unciform. 

The  Pisiform, — The  pisiform  (No.  886)  is  shorter  and  compara- 
tively heavier  than  that  of  the  llama.  The  cuneiform  facet  has  a  more 
rounded  face  and  equals  the  ulnar  facet  in  size,  while  in  the  llama  the 
latter  is  somewhat  larger.  The  free  end  of  the  bone  is  thicker  and 
more  rugose,  although  not  attaining  the  vertical  depth  which  is  seen 
in  the  recent  genera.  The  neck  of  the  pisiform  is  more  constricted 
in  O.  longipes  than  in  the  llama. 

The  Trapezoid.  —  The  trapezoid  (No.  886)  is  a  rounded  nodular 
bone  and  is  proportionally  not  so  deep  as  in  the  llama.  The  proximal 
articular  surface  for  the  scaphoid  is  rounded  much  in  the  same  manner 
as  in  the  recent  genera.  On  the  radial  side  the  magnum  facet  is  di- 
vided, the  inferior  part  being  the  larger,  while  in  the  llama  the  supe- 
rior part  is  the  larger  of  the  two.  The  ulnar  face  is  very  rugose  and 
rounded  and  the  postero-internal  face  carries  an  irregularly  quadri- 
lateral facet  extending  from  the  distal  margin  half  way  up  the  total 
height  of  the  bone  and  articulating  with  the  rudimentary  trapezium. 
Distally  there  is  one  flat  facet  similar  to  that  of  the  camel  and  the  llama. 

The  Trapezium.  —  The  trapezium  is  a  small  oblong  nodule  greatly 
resembling  a  sesamoid.  There  are  two  facets  on  the  trapezium,  one 
antero-superior  which  is  flat  and  articulates  with  the  corresponding 
facet  on  the  trapezoid  ;  the  other  facet  is  antero-inferior,  slightly  con- 
cave, ovate  in  shape  and  articulates  with  the  adhering  scale-like  second 
metacarpal. 

The  Magnum.  — The  magnum  (No.  918)  is  proportionally  longer 
antero-posteriorly  than  in  the  llama  and  has  a  greater  constriction  in 
front  of  the  posterior  hook  and  rather  resembles  that  bone  of  the  re- 


458 


Annals  of  the  Carnegie  MvseOm. 


cent  camel.  Froxiinaily  the  magnum  articulates  with  the  lunar  and 
scaphoid.  The  facet  for  the  former  is  regularly  convex  and  meets 
the  concave  lunar  facet.  The  latter  is  flat  and  irregularly  triangular 
in  outline.  The  cavity  for  the  trapezoid  is  nearly  rectangular  and  it 
more  nearly  resembles  that  of  the  camel  than  the  llama.  In  the  latter 
genus  the  cavity  for  the  trapezoid  is  a  very  oblique  opening,  with  walls 
slanting  upwards  and  inwards.  The  ulnar  side  is  excavated  and  has 
two  facets,  one  anterior  and  one  posterior,  both  articulating  with  the 
uncifbrm.  The  anterior  &cet  is  continuous  with  the  lunar  facet, 
which  is  situated  above,  without  a  distinct  dividing  ridge,  as  is  seen 
in  the  llama  wad  the  recent  camel.  The  posterior  facet  is  located  on 
the  free  end  of  the  tubercle  on  its  posterior-ulnar  side.  Distally  the 
magnum  has  one  single  broad  triangular  and  flat  articulation,  some- 
what recurved  posteriorly,  forming  a  blunt  beak  for  articulation  with 
metacarpal  three. 

Tkg  Uncifcrm.  — The  undform  in  the  type  (No.  918)  is  narrow  and 
long.  The  great  development  of  the  posterior  decurved  hook-like 
process  greatly  increases  the  length  of  the  bone.  Froximally  the  un- 
ciform has  two  focets,  the  lunar  and  the  cuneiform,  which  are  divided 
by  a  high  sinuous  ridge.  The  lunar  facet  is  the  larger  and  is  deeper 
than  is  that  of  the  llama.  The  cuneiform  &cet  is  long,  narrow  and 
irregularly  curved.  There  are  three  facets  on  the  radial  side  of  the 
unciform,  the  two  superior  facets  articulate  with  the  magnum,  and  the 
inferior  facet  meets  the  external  side  of  the  proximal  end  of  the  third 
metacarpal.  The  deeply  excavated  pit  which  appears  in  front  of  the 
tubercle  on  the  radial  side  in  O.  iongtpes  is  represented  only  by  a  slight 
cavity  in  the  llama.  In  the  camel  this  cavity  is  somewhat  deeper  but 
not  so  deep  as  in  O.  ion^pes.  Externally  the  unciform  is  rounded  and 
rugose.  The  distal  articulation  for  metacarpal  IV  is  slightly  concave 
and  occupies  the  entire  distal  surface  of  the  bone.  The  unciform  of 
O,  longipes  more  nearly  resembles  that  of  the  recent  camel  than  that  of 
the  llama.  The  greatly  developed  posterior  hook  on  the  unciform  in 
Oxydactylus  is  generally  characteristic  of  the  Loup  Fork  camels. 

The  Metacarpals.  —  (PI.  VIII,  Figs.  2  and  3. )  On  the  sides  of  the 
functional  third  and  fourth  metacarpals  of  (No.  886)  there  are  small, 
flat,  rugose  ossicles,  representing  metacarpals  II  and  V.  Metacarpals 
III  and  IV  are  entirely  separated  and  proportionally  more  elongated 
than  in  the  recent  genera.  The  upper  two  thirds  of  the  shaft  is  later- 
ally much  compressed.     The  distal  portion  is  D-shaped  in  cross-sec- 


Peterson  :  Osteology  of  Oxydactylus.  459 

tion.  The  two  bones  are  closely  applied  to  each  other  with  rough- 
ened surfaces  throughout  nearly  their  entire  length.  Distally  they  are 
slightly  separated.  Metacarpal  III  is  proportionally  heavier  than  that 
of  the  llama.  Proximally  the  head  rises  above  that  of  metacarpal  IV, 
and  carries  four  facets  for  articulation  with  the  unciform,  magnum, 
trapezoid  and  trapezium,  respectively.  The  magnum  facet  is  slightly 
concave  and  occupies  the  anterior  face,  while  the  posterior  facet  for 
the  trapezoid  is  more  elevated  and  extends  downward  on  the  posterior 
face  of  the  bone.  The  decurved  part  of  the  latter  facet,  although 
without  a  distinct  separation  from  that  for  the  trapezoid,  serves  to  ar- 
ticulate with  the  ovate-shaped  facet  referred  to  as  present  on  the  tra- 
pezium. On  the  ulnar  side,  near  the  anterior  face,  there  is  a  process 
with  a  rounded  articular  face,  which  abuts  against  a  corresponding 
facet  on  the  unciform.  Immediately  below  this  process  is  the  articu- 
lation for  metacarpal  IV.  The  radial  face  of  metacarpal  III  is  com- 
paratively flat  and  broad,  the  anterior  narrow  and  very  convex.  The 
ulnar  face  is  flat,  rough,  and  is  closely  applied  to  metacarpal  IV. 
Posteriorly  the  two  metacarpals  have  prominent  lateral  ridges,  thus 
forming  a  wide,  deep  groove  in  the  median  line,  which  extends  from 
the  proximal  end  down  the  shaft  two  thirds  of  its  length.  The  lateral 
posterior  ridge  is  much  more  pronounced  on  metacarpal  III  than 
metacarpal  IV.  In  the  recent  camel  and  llama  the  posterior  ridges 
on  the  metacarpals  are  more  nearly  equal  in  size  and  the  median  de- 
pression is  comparatively  shallow.  Half  way  down  on  the  shafts  of 
the  metacarpals  of  O,  longipes  the  cross-sections  gradually  take  on  a 
D-shaped  form  which  is  continued  to  the  distal  trochlea.  In  the  early 
forms  referred  to  the  Tylopoda  the  distal  trochlea  is  very  narrow,  a 
character  which  is  retained  in  O,  longipes^  the  trochlea  being  scarcely 
any  wider  than  the  shaft  of  the  bone.  In  the  recent  camel  and  llama 
the  trochlea  is  wide,  but  the  carina  is  much  stronger  in  O.  longipes 
than  in  these  genera.  Metacarpal  IV  is  lighter,  slightly  shorter  and 
more  angular  in  cross-section  near  the  proximal  end  than  metacarpal 
III.  The  proximal  end  has  a  single  articular  facet  for  the  unciform. 
Another  small  facet  is  seen  on  the  antero-radial  side  for  articulation 
with  metacarpal  III.  The  shaft  has  less  depth  antero-posteriorly  than 
that  of  the  third  metacarpal.  The  size  of  the  distal  end,  including  the 
trochlea,  is  more  nearly  equal  to  that  of  metacarpal  III  than  is  the 
proximal  end  of  the  bone,  and  the  phalanges  of  the  two  digits  are 
about  equal  in  size. 


460  Annals  of  the  Carnegie  Museum. 

Thi  Pkaiang€S. — The  phalanges  of  the  type  (No.  918)  are  pio« 
portionally  shorter  than  they  are  in  the  recent  camel  and  llama,  and 
are  less  symmetrical.  The  proximal  ends  of  the  first  row  of  phalanges 
have  the  concave  articuUtions  for  the  metapodials  much  deeper  than 
those  of  the  lUma  and  the  recent  camel.  The  grooves  for  the  meta- 
podial  keels  are  deep  and  there  is  a  nodubtf  tuberosity  on  either  side  of 
the  groove  on  each  phalanx  which  is  well  illustrated  in  PI.  VIII,  Fig. 
3.  In  the  camel  and  the  Uama  the  metapodial  groove  is  shallow  and 
the  rugosity  for  the  attachment  of  the  pad  extends  well  forward. 
Distally  the  trochlea  is  deeper  and  more  oblique  than  in  the  recent 
camels,  and  external  keels  do  not  extend  as  high  up  on  the  pos- 
terior fiure  of  the  shaft.  The  phalanges  of  the  second  row  have  a  de- 
cided ridge  separating  the  articubtf  &cets  articulating  with  the  proxi- 
mal phalanx.  This  ridge  is  obsolete  in  the  recent  genera.  As  in 
Pcihvikerium  the  second  row  of  phalanges  are  proportionally  longer 
than  in  the  recent  Tylopoda.  The  phalanges  of  the  first  and  second 
row  in  O.  Ungipes  do  not  seem  to  have  changed  any  in  character  from 
those  ^i Peibrotkirium.^  Cope  says  that  ^*  the  phalanges  (in  Proca- 
mebu  ocddenialis)  ^  only  differ  from  those  of  the  llama  in  the  greater 
prominence  of  the  proximal  ligamentous  insertions  and  the  rather 
more  slender  shafts."  If  the  illustration  is  correct  in  Plate  I.XXIV 
in  the  publication  just  referred  to,  it  is  obvious  that  the  proximal 
phalanx  in  P,  accidentaiis  is  like  that  of  O,  hngipes  and  without  the 
plantar  rugosity  for  the  attachment  of  the  pad.  The  comparative 
length  of  the  bone,  however,  is  more  like  that  of  the  llama  than  is  the 
corresponding  bone  in  O,  longipts. 

The  Unguals,  — The  ungual  phalanges  in  O.  lon^pes  are  compara- 
tively short,  laterally  compressed,  pointed  and  high ;  they  have  not 
changed  in  shape  from  those  of  Porbrotherium  while  in  comptarative 
length  there  seems  to  be  considerable  difference,  the  former  genus 
having  the  unguals  more  reduced  than  the  latter.  The  phalanges  in 
O^  iongipts^  as  a  whole,  seem  to  retain  characters  seen  in  the  early 
Oligocene  forms,  while  other  Ix)up  Fork  genera  '^  have  unmistakably 
taken  on  these  tylopod  characters,  such  as  the  rugosity  on  the  plantar 
face  for  the  i>ad  and  the  general  flattening  of  the  median  jihalanx. 

'^_/'«r«.  ,)A»r,^^.,  Vol.  V,  N«i.  I.  jv   ;;.  iS^i. 
»»**L\  S.  (;e*»j:r.  S.."  Vol.  IV,  Tart  II,  p.  3.?:.  I^7:. 
'*S|>i-ciinrn*  in  the  American  Muxruni  "tu-lutl  !<>  the  wrii^r 


Peterson  :  Osteology  of  Oxydacitlus. 


461 


Comparative  Measurements  of  Fore  Limbs  and  Feet. 

Mark    in    front  of  figures  denotes  comparative  measurement  made  with     other 

individuals  of  same  species. 

O.  longipes.  C.  hactrianus.  L.  kuanaco. 

Greatest  length  of  scapula 288  mm.  477  mm.  225  mm. 

Greatest  width  of  scapula 190  mm.  235  mm.  155  mm. 

Width  of  neck  of  scapula 42  mm.  77  mm.  41mm. 

Width  of  humeral  articulation  including  coracoid 

process  of  scapula 65  mm.  106  mm.  55  mm. 

Width  of  prescapula  16 65  mm.  90  mm.  86  mm. 

Width  of  postscapula ico  mm.  127  mm.  48  mm. 

Greatest  height  of  spine 34  mm.  50  mm.  28  mm. 

Greatest  length  of  humerus *3I5  nQ™'  380  mm.  287  mm. 

Greatest  length  of  radius  and  ulna *440  mm.  462  mm.  347  mm. 

Width  of  radius  at  the  head 47  mm.  87  mm.  47  mm. 

Width  of  shaft  below  the  head 35  mm.  71  mm.  35  mm. 

Height  of  carpus *38  mm.  65  mm.  35  mm. 

Width  of  carpus *50  mm.  91mm.  43  mm. 

Greatest  transverse  diameter  of  unciform 25  mm.  36  mm.  21  mm. 

Height  of  unciform 17  mm.  28  mm.  15  mm. 

Antero-posterior  diameter  of  unciform 40  mm.  53  mm.  28  mm. 

Antero-posterior  diameter  of  magnum 28  mm.  33  mm.  24  mm. 

Greatest  breadth  of  magnum 22  mm.  40  mm.  20  mm. 

Height  of  magnum 16  mm.  19  mm.  12  mm. 

Length  of  metacarpals 345  mm.  330  mm.  230  mm. 

Breadth  of  distal  end  of  metacarpal  3 23  mm.  45  mm.  23  mm. 

Breadth  of  distal  end  of  metacarpal  4 23  mm.  45  mm.  23  mm. 

Length  of  proximal  phalanx 66  mm.  100  mm.  77  mm. 

Length  of  median  phalanx 31mm.  65  mm.  27  mm. 


The  Pelvis  and  Hind  Limb. 

The  Pelvis. —  (PL  IX,  Figs,  i  and  2.)  The  general  appearance 
of  the  pelvis  is  strikingly  different  from  that  of  any  of  the  living 
camels.  It  is  depressed,  greatly  elongated,  and  but  little  expanded, 
being  especially  narrow  posteriorly.  In  the  camel  and  the  llama  the 
pelvis  is  short  and  much  expanded  and  when  in  position  the  longer 
axis  is  inclined  at  a  higher  angle  than  in  O.  longipes.  In  the  type 
(No.  918),  the  most  important  parts  of  the  pelvis  are  preserved  and 
they  present  the  characters  which  we  proceed  to  describe.  The  an- 
tcro-superior  border  of  the  ilium  is  not  entirely  complete  but  indicates 

J' Measurements  taken  of  type  60  mm.  below  the  suprascapular  border  where 
the  bone  is  complete.  Measurements  of  the  other  genera  are  taken  in  a  correspond- 
ing manner. 


462  Annals  of  the  Carnegie  Museum. 

the  greatly  expanded  condition  of  the  ilium  in  this  region.  The  con- 
striction back  of  the  sur&ce  for  contact  with  the  sacrum  is  similar  to 
that  in  the  llama.  The  peduncle  is  comparatively  long,  and  the  ace- 
tabulum is  deep.  The  ilium,  ischium,  and  pubis  unite  to  form  the 
acetabulum  in  much  the  same  manner  as  in  recent  forms.  The  su- 
perior border  of  the  ischium  is  high,  sharp,  and  as  in  the  llama,  has 
many  small  ridges  for  muscular  attachments  running  from  the  superior 
margin  across  the  entire  external  surface.  The  posterior  portion  of 
the  ischium  is  wanting.  The  pubis  is  proportionally  short  and  stout. 
The  shaft  is  more  circular  in  cross-section  than  is  that  of  the  recent 
forms.  The  distal  end  is  narrow,  long  and  thick,  instead  of  broad 
and  short  as  in  living  forms.  The  thyroid  foramen  is  large  and  ovate 
in  shape.  The  elongate  and  narrow  pelvis  of  O.  longipts  contrasts 
strongly  with  the  broad  and  shorter  pelvis  of  the  recent  species  as 
will  appear  from  the  following  measurements  of  these  elements  in 
Oxydactyhu  kmgipes  and  Lama  kuanaco.  In  the  former  the  width 
across  the  pelvis  at  the  acetabubu'  region  is  135  mm.  while  that  of  the 
latter  is  165  mm.,  a  difference  which  seems  all  the  more  marked  when 
we  consider  that  O.  longipts  is  on  the  whole  the  larger  animal  of  the 
two. 

The  Femmr.  —  (PI.  IX,  Fig.  3.)  The  femur  has  a  comparatively 
slender  sinuous  shaft,  subcircular  in  cross-section,  greatly  expanded 
both  proximally  and  distally  and  in  general  appearance  resembling 
that  of  the  llama,  llie  head  is  smaller,  the  ovate  pit  for  the  iigamen- 
htm  teres  shallower,  but  its  |)Osition  is  the  same  as  in  the  recent  gen- 
era. The  head  is  septarated  from  the  shaft  by  a  longer  and  more  con- 
stricted neck  than  in  the  llama  and  camel.  The  great  trochanter  is 
higher,  not  so  heavy  superiorly,  and  has  not  as  great  an  obli()uity  to 
the  long  axis  of  the  bone  as  in  the  llama.  The  bridge  from  the  head 
to  the  greater  tuberosity  being  rather  short,  the  digital  fossa  is  accord- 
ingly narrow  laterally,  though  fully  as  deep  as  is  that  of  the  llama. 
The  lesser  trochanter  is  a  prominent  knob  unlike  the  sharp  rugose 
ridge  seen  in  the  llama  and  decidedly  more  prominent  than  is  that  of 
the  camel.  At  the  base  of  the  lesser  trochanter  there  l)egins  a  promi- 
nent ridge  for  muscular  attachment  whi<  h  continues  downward  on  the 
posterior  face  of  the  !)one.  ihe  same  rid^r  is  found  in  thr  llama  and 
the  camel.  The  rotular  tnx  hlea  as  well  as  the  rondyles  arc  <  onipara- 
tively  narrow,  the  external  condyle  W\\\^  the  lar^rer  of  the  two.  The 
intercondylar  notch  is  narrower  than  in  the  llama. 


Peterson  :  Osteology  of  Oxydactylus.  463 

The  Patella.  —  There  is  no  patella  with  the  type,  but  it  is  present 
in  another  skeleton  (No.  562),  where  it  is  thinner,  broader,  and  much 
shorter  than  is  that  of  the  llama.  The  superior  border  is  the  broadest 
and  the  outline  is  that  of  a  long  triangle  with  the  apex  directed 
downward. 

The  Tibia,  —  The  tibia  in  O,  longipes  is  longer  than  the  femur, 
while  in  the  camel  the  femur  is  much  the  longer  bone  of  the  two. 
In  the  llama  the  two  bones  are  of  equal  length.  In  Poebrotherium 
the  tibia  is  apparently  longer  than  the  femur.  The  shaft  is  long, 
slender  and  straight,  the  lower  half  being  suboval  in  cross-section. 
Proximally  there  is  a  great  expansion  equaling  that  in  the  llama. 
The  articulations  for  the  femoral  condyles  are  broad  laterally,  slightly 
convex  antero-posteriorly,  and,  as  in  the  llama,  the  external  facet  is 
the  larger,  and  is  separated  from  the  internal  by  the  bifid  spine.  The 
cnemial  crest  is  comparatively  heavier  and  extends  lower  down  on  the 
shaft  than  does  that  of  the  llama  and  the  camel.  Distally  the  ex- 
ternal facet  for  the  astragalus  is  proportionally  wider,  and  the  internal 
narrower  than  that  of  the  llama,  resembling  that  of  the  camel  more 
closely  in  this  respect.  In  the  latter  the  internal  malleolus  is  placed 
anteriorly  and  in  such  a  way  as  to  present  a  constriction  on  the  an- 
terior half  on  the  internal  facet,  similar  to  that  found  in  O.  longipes. 
In  the  llama  the  external  facet  is  entirely  without  this  constriction. 
The  fibular  facet  is  comparatively  smaller  than  in  the  llama.  This  is 
especially  true  of  that  portion  anterior  to  the  groove  which  divides 
this  facet.  In  the  type  of  O.  longipes  the  external  astragalar  facet  has 
a  pit  which  is  comparatively  smaller  than  that  of  the  camel. 

The  Fibula. — The  fibula,  as  in  modern  representatives  of  the 
Camelidae,  is  reduced  to  the  malleolus  which  articulates  with  the  tibia, 
astragalus  and  calcaneum.  The  rudimentary  process  of  the  shaft 
is  proportionally  heavier  than  in  the  recent  genera.  It  is  trian- 
gular in  cross-section,  terminates  in  a  sharp  point  superiorly,  and  fits 
closely  into  the  deep  groove  on  the  external  face  of  the  tibia. 

The  Tarsus.  —  The  tarsus  of  Oxydactylus  longipes,  as  compared 
with  that  of  the  camel  and  llama,  is  higher  and  much  narrower,  as 
would  be  expected  from  the  lighter  structure  of  the  entire  limb  already 
noticed.  The  calcaneum  is  much  longer,  but  of  less  diameter  antero- 
posteriorly  than  is  that  of  the  llama.  The  free  truncated  end  of  the 
tuber  shows  characters  similar  to  those  of  the  recent  genera.  The 
fibular  facet  is  less  prominent  and  is  placed  at  a  greater  obliquity  to 


i64  Annals  or  the  Carnegie  Museum. 

the  long  axis  of  the  calcaneum  than  in  the  camel,  and  is  more  nearly 
like  that  of  the  llama.  The  fiuret  for  the  cuboid  is  somewhat  longer 
antero-posteriorly  than  in  the  llama  but  the  inferior  projecting  articu- 
lar lip,  which  embraces  the  distal  end  of  the  astragalus  in  the  camel 
and  the  llama  is  entirely  absent  in  Oxydactyhis  hngipes.  There 
are  no  important  diflTerences  from  that  of  living  genera  in  the  susten- 
tacular  fiicet.  Below  the  latter  fiu:et  and  above  that  of  the  cuboid  is 
an  opening,  but  not  nearly  so  distinct  as  is  seen  in  living  forms.  The 
groove  on  the  posterior  fiure  immediately  above  the  cuboid  facet  is 
deeper  than  that  in  the  Uama  and  resembles  that  of  the  camel. 

Hu  AUro^alms. — The  astragalus  is  comparatively  much  longer  and 
narrower  than  that  of  the  camel  and  llama.  Anteriorly  there  is  more 
of  a  constriction  and  a  greater  separation  between  the  proximal  and 
distal  trochlea  than  in  the  recent  genera.  The  internal  condyle  is 
not  nearly  so  heavy  as  that  of  the  llama,  except  at  the  posterior  apex, 
where  it  has  a  slightly  recurved  shoulder  not  observed  in  the  camel  or 
the  llama.  The  articuUtion  is  continuous  without  the  interruption 
observed  on  the  lateral  side  of  the  condyle  of  the  camel.  In  the 
Uama  this  articulation  is  abo  uninterrupted.  The  external  condyle  is 
comparatively  lower  in  O.  Umgipes  than  in  the  camel  giving  the  bone 
a  more  symmetrical  appearance  than  in  the  latter  genus.  The  distal 
trochlea  is  similar  to  that  of  the  camel  and  the  llama,  with  the  postero- 
internal portion  of  the  navicular  facet  somewhat  more  extended  in- 
wardly than  in  the  latter  genus. 

The  Cuhoid,  —  (PI.  IX,  Fig.  5.)  The  cuboid  is  comparatively 
larger  in  the  antero-posterior  direction  and  somewhat  higher  than  that 
of  the  camel  and  the  llama.  The  calcaneal  facet  is  long  and  narrow. 
The  astragalar  &cet  is  narrow,  especially  posteriorly,  where  the  cal- 
caneum takes  up  the  entire  width  of  the  bone,  forcing  the  conical 
apex  of  the  astragalar  facet  far  inward,  unlike  that  of  the  recent  forms. 
The  facets  on  the  tibial  side  are  as  distinct  as  in  the  living  represen- 
tatives. There  is  a  deep  narrow  groove  immediately  below  the  cal- 
caneal facet  on  the  posterior  face  extending  clear  across  the  bone,  and 
differing  in  this  respect  from  the  llama.  The  posterior  hook  is  com- 
|>aratively  heavy  and  extends  outwards  and  downwards,  fitting  against 
the  |>almar  process  of  the  fourth  metatarsal.  The  smaller  ])ortion  of 
this  bifid  hook  is  superiorly  located  and  is  a  conical  projection  on  the 
tibial  side  with  a  small  facet  for  arti<  illation  with  the  navicular,  the 
distal  facet  supporting  the  fourth  metatarsal  is  irregularly  triangular  in 


Peterson  :  Osteology  of  Oxydactylus.  465 

shape  with  a  small  pit  on  the  emarginate  tibial  side,  similar  to  that  of 
the  llama. 

The  Navicular,  —  The  navicular  is  more  nearly  like  that  of  the 
recent  Tylopoda  than  any  bone  in  the  tarsus.  The  astragalar  facet  is 
Qoncave  antero-posteriorly,  with  an  emarginated  fossa  in  the  middle 
of  the  bone  on  the  fibular  side.  On  the  tibial  side  is  another  smaller 
emargination  with  a  small  pit ;  and  below  the  pit,  is  a  small  tubercle, 
which  extends  to  the  distal  face  and  takes  up  a  large  portion  of  the 
tibial  face  of  the  bone.  In  the  llama  this  tubercle  is  almost  obsolete, 
while  the  camel  has  it  better  developed.  The  postero-inferior  rounded 
facet  for  the  cuboid  is  as  prominent  as  in  the  camel  and  llama.  Dis- 
tally  there  are  two  facets,  the  ecto-meso-^'^  and  the  ento -cuneiform,  the 
two  former  are  divided  only  by  a  low  ridge,  while  the  latter  is 
separated,  and  placed  somewhat  higher  on  the  posterior  portion  of 
the  bone  and  is  slightly  convex. 

The  Ecto-meso- cuneiform,  —  The  united  ecto-meso- cuneiforms  are 
comparatively  much  smaller,  especially  antero-posteriorly,  than  in  the 
recent  forms.  Proximally  two  facets  are  indicated  by  a  shallow 
groove,  while  the  distal  articulation  is  more  continuous  and  more 
similar  to  that  of  the  llama.  There  is  only  one  facet  for  the  cuboid, 
the  antero-fibular,  near  the  proximal  end.  The  prominent  tubercle 
with  the  rounded  facet  at  the  free  end  on  the  fibular  side  which  abuts 
against  the  cuboid  in  Camelus  is  entirely  absent  in  O.  longipes  and 
the  llama. 

The  EntO'Cuneiform,  — The  en  to-cuneiform  is  an  irregularly  shaped 
sesamoid  with  a  proximal,  concave  facet  for  the  navicular.  Near  the 
proximal  end  on  the  anterior  face  is  a  rounded  pit  for  articulation  with 
the  slightly  projecting  tubercle  on  the  posterior  face  of  the  united 
ecto-meso-cuneiform. 

Near  the  distal  end  posteriorly,  there  is  a  strong  hook-like  process 
with  a  large  facet  slightly  convex  in  all  directions,  which  articulates 
with  the  plantar  process  on  metatarsal  IV.  In  the  llama  this  facet  is 
entirely  absent  though  the  tubercle  is  still  present  in  a  rudimentary 
form.  The  plantar  processes  have  become  more  depressed  in  the 
llama  and  the  tubercle  on  the  ento-cuneiform  is  entirely  free.  Distally 
and  on  the  fibular  side  is  a  fourth  facet  for  the  second  rudimentary 
metatarsal. 

*^  Scott  states  that  the  ecto-  and  raeso-cuneiforms  are  coalesced  in  Poebrotherium. 
Journ.  Aforpk,j  Vol.  V,  No.  I,  p.  42. 


466  Annals  of  the  Carnegie  Museum. 

Tke  Mtiaiarsais. —  One  of  the  chief  distinctive  characters  of  O. 
longifies  is  the  &ct  that  the  lateral  metatarsals  II  and  V  are  a  little 
less  reduced  than  is  ordinarily  the  case  in  the  Loup  Fork  camels.  As 
in  Pciirotherium^  metatarsal  II  has  ''an  enlarged  head"  with  an 
independent  articulation,  which  in  O.  langipts  is  comparatively  higher 
than  in  the  llama.  The  bone  is  firmly  codssified  with  metatarsal  III 
and  is  supported  by  the  entocuneiform.  Metatarsal  V,  on  the  other 
hand  is  entirely  separated  proximally  from  metatarsal  IV  and  articu- 
lates with  that  bone  by  a  small  rounded  facet  near  the  proximal  end, 
but  is  not  in  touch  with  the  cuboid.  At  the  base  of  the  palmar  proc- 
ess of  metatarsal  IV,  the  two  bones  IV  and  V  are  fused  leaving  a 
peculiar  ovate-shaped  foramen  seen  in  PI.  X,  Fig.  4.  The  functional 
metatarsab  III  and  IV  are  a  trifle  lighter  than  the  metacarpals,  but 
are  of  nearly  the  same  length,  thus  resembling  very  closely  the  typical 
Tylopoda  According  to  Prof.  Scott,  Poibrotherium  stands  fiuther 
removed,  having  the  metatarsab  longer  and  broader  than  the  meta- 
carpals. 

Metatarsal  III  is  only  a  very  little  heavier  than  metatarsal  IV,  and 
the  Uteral  metatarsal  II,  as  above  stated,  distinctly  forms  a  part  of  the 
functional  metatarsal,  as  in  the  recent  genera.  Metatarsal  III  has  two 
fiuxts  on  the  proximal  end.  The  anterior  is  concave  and  articulates 
with  the  compound  ecto-meso-cuneiform,  while  the  posterior  facet  is 
situated  on  the  palmar  process  and  is  a  wide  shallow  pit  for  the  recep- 
tion of  the  peculiar  convex  facet  on  the  ento -cuneiform.  The  hook- 
like  palmar  processes  on  metatarsals  III  and  IV  have  become  coossi- 
fied.  These  are  the  only  parts  of  the  two  bones  showing  any  true 
coalescence  and  this  is  a  constant  character  shown  in  all  specimens  of 
O.  hngipfs  in  the  collection  of  the  Carnegie  Museum.  Metatarsal  IV 
is  lighter  than  metatarsal  III,  and  they  are  closely  applied  to  each 
other  with  the  opposed  surfaces  slightly  rugose  and  extending  to  within 
30  mm.  of  these  distal  ends.  The  shafts  have  a  slight  curvature 
with  the  midshaft  turned  backward.  Laterally  the  shafts  are  nearly 
straight  and  but  little  separated  distally.  Metatarsal  IV  has  two  proximal 
facets  which  articulate  with  the  cuboid.  The  anterior  articulates  with 
the  corresponding  facet  on  the  anterior  half  of  the  cuboid.  The  |)Os- 
terior  is  on  the  |>almar  process  opposite  the  fa<  et  on  the  processor 
metatarsal  III.  On  the  tibial  side  near  the  anterior  fate  is  a  small 
facet  for  articulation  with  metatarsal   III.      I>iNtally.  as  in  the  iiieta- 

•*  /.'wrw.  J/i'f/*..  Vnl.  V,  Part  i,  p.  42.  iH.ji 


Peterson  :  Osteology  of  Oxydactylus. 


467 


tarsals,  the  carina  is  comparatively  strong  and  is  confined  principally 
to  the  plantar  side. 

Phalanges.  —  The  proximal  phalanges  of  the  hind  feet  are  propor- 
tionally longer  than  in  the  llama,  and  exhibit  a  repetition  of  the  char- 
acters shown  in  the  fore  feet. 


Comparative  Measurements  of  the  Pelvis,  Hind  Limb  and  Foot. 

O.  loHgipes.    C.  bactrianus.  L.  huanaco. 

Greatest  length  of  pelvis 300  mm.  ^9  420  mm.  262  mm. 

Greatest  width  of  superior  border  of  ilium 158  mm.  ^^  300  mm.  155  mm. 

Length  of  ilium  from  anterior  border  of  ace- 
tabulum to  superior  border 165  mm.  J®  255  mm.  168  mm. 

Length  of  ischium  from  posterior  border  of  ace- 
tabulum to  ischial  tuberosity 115  mm.  '"  12s  mm.  105  mm. 

Length  of  pubic  symphysis 1 10  mm.  138  mm. 

Greatest  length  of  femur 382  mm.  495  mm.  320  mm. 

Transverse  diameter  ofproximal  end  of  the  femur.  79  mm.  135  mm.  75  mm. 

Transverse  diameter  of  distal  end  of  femur 67  mm.  115  mm.  63 'mm. 

Diameter  of  shaft  of  femur  in  the  middle 30  mm.  45  mm.  28  mm. 

Greatest  length  of  tibia 431mm.  440  mm.  320  mm. 

Transverse  diameter  ofproximal  end  of  tibia 70  mm.  117  mm.  70  mm. 

Greatest   expansion   of    proximal   end   of  tibia 

antero-posteriorly 84  mm.  106  mm.  67  mm. 

Transverse  diameter  of  distal  end  of  tibia 51  mm.  85  mm.  46  mm. 

Greatest  length  of  calcaneum 115  mm.  135  mm.  85  mm. 

Length  of  tuberosity  above  sustentacular  facet...  72  mm.  87  mm.  52  mm. 

Distance  from  tibular  facet  to  distal  end 42  mm.  56  mm.  33  mm. 

Breadth  of  calcaneum  at  sustentacular  facet 37  mm.  55  mm.  30  mm. 

Antero- posterior  diameter  of  tuberosity  above  sus- 
tentacular facet 35  mm.  55™™-  30  mm. 

Total  height  of  tarsus  from  proximal  end  of  astrag- 
alus to  distal  end  of  cuneiform 73  mm.  108  mm.  64  mm. 

Greatest  height  of  astragalus 55  mm.  74  mm.  45  mm. 

Greatest  breadth  of  astragalus 36  mm.  50  mm.  30  mm. 

Greatest  height  of  navicular 25  mm.  17  mm.  9  mm. 

Greatest  height  of  cuneiform 14  mm.  17  mm.  10  mm. 

Greatest  length  of  metatarsals 355  mm.  347  mm.  237  mm. 

Greatest  length  of  proximal  phalanx 61  mm.  88  mm.  68  mm. 

Greatest  length  of  second  phalanx 33  mm.  61  mm.  35  mm. 

Greatest  length  of  ungual  phalanx 28  mm.  28  mm.  20  mm . 

1' Indicates  that  measurements  have  been  estimated  by  comparison  with  other  indi- 
viduals. 


488  Annals  of  the  Carnegie  Museum. 

The  Moxtnted  Skeleton. 

Plate  XV  is  from  a  drawing  of  the  mounted  skeleton.  The  type 
of  O.  hngipes  was  used  as  the  basis  of  this  mount  and  the  missing 
parts  were  substituted  from  other  individuals  of  about  the  same  size 
and  pertaining  to  the  same  species.  A  few  bones  not  represented  in 
the  collections  were  restored  in  plaster  and  accurate  records  were  kept 
of  all  substituted  parts.  In  the  skeleton  the  restored  parts  are  indi- 
cated by  a  red  +9  And  while  of  the  same  general  color  as  the  actual 
bones,  the  shade  differs  sufficiently^for  them  to  be  easily  recognized. 
Each  substituted  bone  used  in  the  mount  bears  its  departmental  num- 
ber,  thus  effecting  a  complete  and  permanent  record  as  to  the  associ- 
ation of  all  the.  bones  used  in  the  construction  of  the  composite 
dceleton. 

The  skeleton  was  mounted  by  the  writer  in  such  a  manner  that  any 
bone  may  be  readily  detached  from  the  whole. 

The  pose  is  intended  to  represent  the  animal  when  walking  slowly 
on  the  level  ground,  with  the  head  only  moderately  elevated. 

The  mounted  skeleton  presents  many  peculiarities  which  would  be 
lost  to  the  observer  if  seen  in  a  disarticulated  state.  The  small  cra- 
nium, elevated  above  the  main  axis  of  the  dorsal  region,  the  small 
thoracic  cavity,  the  narrow  pelvis  and  the  greatly  elongated  limbs  and 
^  cervical  region  are  characters  which  are  fully  appreciated  only  in  the 
mounted  skeleton.  The  skeleton  as  a  whole  resembles  more  closely 
that  of  the  llama  than  the  camel.  The  elevated  position  of  the  head, 
the  curvature  of  the  back,  and  the  general  shape  of  the  limbs  is  espe- 
cially like  that  of  the  llama,  while  the  dental  formula,  the  small  and 
elongated  cranium,  the  separated  metapodials,  the  unguligrade  char- 
acters of  the  phalanges  and  the  extremely  narrow  pelvis  are  features 
readily  distinguishable  from  either  of  the  recent  forms. 

Measurements. 

Total  length    of  skeleton  from  apex  of   premaxillary  to  posterior  end  of 

ischium 212  cm. 

Total  height  from  toes  to  top  of  anterior  dorsal  spines 130  cm. 

Length  of  cervical  region 86  cm. 

Length  of  dorsal  region 60  cm. 

Length  of  lumbar  region 48  cm. 

Length  of  sacral  region ii  cm. 


Peterson  :  Osteology  of  Oxydactylus.  469 

Ozydactylus  brachyodontus  sp.  nov. 

The  type  (No.  664)  (PI.  XI,  Figs,  i,  2  and  3)  of  the  above 
named  species  is  represented  by  a  fairly  complete  cranium  with  the 
lower  jaw  in  position  and  the  atlas,  anterior  portion  of  the  axis  and 
the  succeeding  five  cervicals,  the  distal  end  of  both  humeri,  both 
ulnae  and  radii,  the  carpals,  metacarpals  and  phalanges,  the  left  femur, 
the  tibia,  calcaneum,  astragalus,  cuboid  and  metatarsals.  There  is 
another  nearly  complete  skeleton  (No.  562)  which  I  have  provi- 
sionally referred  to  this  species  ;  but  unfortunately  no  part  of  the  skull 
or  lower  jaw  is  present.  The  two  individuals  do  not  differ  greatly  in 
size,  No.  562  being  only  a  little  larger  than  No.  664.  The  principal 
differences  between  this  species  and  O,  longipes  are  as  follows  : 

The  Cranium.  —  In  comparison  with  that  of  O.  longipes  the  cranium 
is  relatively  large.  The  second  and  third  incisors  are  present  anU 
part  of  the  alveolus  for  the  first.  The  third  incisor  is  smaller  than 
the  canine.  .  The  first  premolar  which  is  somewhat  reduced,  is  sub- 
conical  and  has  a  single  root.  Premolars  two,  three  and  four  are 
similar  to  those  of  O.  longipes.  The  molars  are  brachyodont,  broad 
and  comparatively  short  antero-posteriorly.  The  outline  of  the  skull 
is  similar  to  that  of  O.  longipes.  The  fronto-nasal  suture  is  perhaps 
placed  a  little  farther  back  than  in  the  latter  species. 

The  Mandible.  —  The  lower  jaws  present  characters  very  like  those 
oi  Protomeryx  (^Gomphotherium^  came  hide s,^  agreeing  especially  in 
the  absence  of  a  diastema  between  the  incisors  and  canine.  In  O. 
brachyodofilus  i\it  incisors  are  more  reduced  than  in  Protomeryx  camel- 
oidesy  but  have  the  same  spatulate  shape.  In  the  type  of  O.  brachy- 
odontus the  teeth  are  much  worn  (PI.  XI,  Fig.  4).  The  first  pre- 
molar is  fixed  by  two  strong  roots,  and,  as  in-  the  upper  jaw,  the 
crown  is  subconical  with  the  greater  diameter  directed  antero-pos- 
teriorly. In  Protomeryx  cameloides  this  tooth  has  a  greater  antero- 
posterior diameter  and  has  quite  distinct  anterior  and  posterior  basal 
tubercles.  In  the  type  O.  brachyodontus  the  second,  third  and  fourth 
premolars  do  not  differ  materially  from  those  of  O.  longipes.  The 
true  molars  differ  from  those  of  O.  longipes  by  being  proportionally 
broader  and  shorter. 

The  Cervicals.  —  (PI.  XII,  Figs,  i,  2,  3  and  4.)  The  cervicals 
are  comparatively  short  and  heavy.     The  axis  and  the  third  cervical 

^Bul.  Am.  Mus.  Nat.  Hist.,  p.  118,  1898. 


470  Annals  op  the  Carnegie  Museum, 

of  No.  562  differ  from  thoie  of  O.  longifes.  The  spines  are  heavier 
and  higher  than  in  that  genus.  On  the  axis  the  spine  slopes  forward 
at  a  greater  angle  and  extends  farther  backward  than  does  that  in  O, 
iangifes.  The  length  of  the  axis  and  the  third  cervical  is  more  nearly 
equal  than  in  O.  iongifes  and  the  inferior  keels  are  stronger.  The 
fifth  cervical  vertebra  of  the  type.  No.  664,  has  a  distincly  higher  and 
heavier  spine  (PI.  XII,  Fig.  4),  than  the  corresponding  vertebra  of 
O.  longipes^  otherwise  it  is  similar  to  that  of  the  latter  species  though 
somewhat  smaller. 

Measurements  of  Skull  and  Vertebra. 

Length  of  craniiini  finom  indior  3  to  external  aoditoiy  meatus 268  mm. 

Total  length  of  dental  series  firom  incisor  3  to  and  including  molar  3 165  mm. 

Distance  firom  incisor  3  to  pm.  2 64  mm. 

Length  of  continnoos  niolar*premolar  series 93  mm. 

Total  length  of  premolars  a  to  4 37  mm. 

Total  length  of  molar  series 56  mm. 

Greatest  length  of  nasals no  mm. 

Greatest  length  of  mandible 255  mni. 

Greatest  hciglit  including  coronoid  process.. 138  mm. 

Height  of  ooroooid. 44  mm. 

Depth  of  lamns  back  of  molar  3 45  mm. 

Depth  of  raoms  at  diastema  in  finont  of  pm.  2. 22  mm. 

Distance  firom  canine  to  pm.  2 45  mm. 

Length  of  continnoos  molar  premolar  series loomm. 

Length  of  premolars  2to 4 36  mm. 

Length  of  molar  series 65  mm. 

Greatest  length  of  atlas  approximately  75  mm. 

Greatest  width  of  atlas  approximately 75  mm. 

Greatest  width  of  cotylus 55  mm. 

Greatest  length  of  cenrical  3 130  mm. 

Length  of  centrum  of  cerrical  3 118  mm. 

Greatest  length  of  cenrical  4. 126  mm. 

Length  of  centrum  of  cenrical  4. 112  mm. 

Greatest  length  of  cervical  5 124  mm. 

Length  of  centrum  of  cervical  5  approximately 100  mm. 

Greatest  length  of  cervical  6 106  mm. 

Length  of  centrum  of  cervical  6 S6  mm. 

The  Fore  Limb  and  Foot,  —  fPl.  XIII.  •  The  limbs  of  O.  braihy- 
Oiiontus  (No.  664  )  arc  elongated  and  raihor  li^hti-r  in  coni|)ari>on  with 
the  cranium,  than  in  O.  lon\^ipfs.  The  internal  epirondyle  of  the 
humcnis  is  of  greater  development  and  the  <  urvature  ot'  the  iihio- 
radial  shaft  is  more  pronounced  in  (>.  i>mih\o,h*fifu^  than  in  ().  /.'//^/- 


Peterson  :  Osteology  of  Oxydactylus.  471 

pes.  The  carpal  series  presents  no  important  difference  from  that  of 
O,  iongipes.  The  metacarpals  are  long,  slender,  and  distally  spread 
more  distinctly  than  in  O.  longipes.  As  in  the  latter  species  the  carina 
is  strong  and  located  entirely  on  the  plantar  face  of  the  bone.  The 
phalanges  have  no  rugose  surface  on  their  plantar  sides  for  the  attach- 
ment of  pads.     The  unguals  are  high  and  pointed. 

The  Pelvis^  Hind  Limb  and  Foot, —  (PL  XIV. )  The  pelvic  region 
in  No.  562  is  in  fairly  good  preservation  and  differs  but  little  from 
that  of  O,  longipes.  The  sacrum  has  five,  instead  of  four,  coossified 
centra.  The  femur  and  tibia  though  smaller  exhibit  no  important 
differences,  which  is  also  true  of  the  tarsals.  The  metatarsals  of  No. 
664  are  damaged  proximally,  but  No.  562,  which  I  have  associated 
with  the  type,  has  this  region  of  the  hind  limb  better  preserved,  and 
shows  the  coossification  of  the  palmar  processes.  Metatarsal  II  ad- 
heres closely  to  metatarsal  III,  and  metatarsal  V  is  absent,,  thus  ap- 
proaching the  llama  rather  than  O.  longipes. 

Measurements  of  Limbs. 

Greatest  width  of  humerus  at  distal  end 46  mm. 

Greatest  height  of  trochlea  at  distal  end 34  mm. 

Length  of  radius 284  mm. 

Width  of  radius  at  head 41mm. 

Width  of  radius  medially 31  mm. 

Width  of  radius  distally 46  mm. 

Length  of  metacarpals 255  mm. 

Total  length  of  femur,  approximately 270  mm. 

Total  length  of  tibia 328  mm. 

Total  length  of  metatarsals 267  mm. 

Total  length  of  proximal  phalanx 55  mm. 

Total  length  of  median  phalanx 28  mm. 

Total  length  of  ungual  phalanx 25  mm. 

Oxydactylus  Compared  with  Other  Loup  Fork  and  Late 

Oligocene  Genera. 

Procamelus  differs  from  Oxydactylus  in  the  absence  of  the  first  and 
second  pairs  of  superior  incisors,  and  the  union  of  the  metapodials." 

The  genus  Piliauchenia  differs  generically  from  Oxydactylus  by  the 
absence  of  the  second  inferior  premolar.     Protolabis  has  short  limbs 

2^  Some  material  in  the  American  Museum  of  Natural  History  which  is  referred  to 
this  genus  has  the  rugose  attachment  for  the  pads  on  the  plantar  face  of  the  phalanges, 
and  may  have  some  relation  to  the  genus  Pliauchenia, 


472  Ahkau  or  tbs  Carmxgie  Museum. 

and  neck,  second  caperior  premolar  reduced,  bypsodont  dcotitfam, 
and  the  metacarpali  entirely  lepanted;  while  0:^dactyius  has  the 
cervical  iegu»  and  limbs  greatly  elongated,  no  reduction  in  the  dm- 
tition,  biachjrdont  teeth,  metacarpals  entirely  separate  and  the  meta- 
tanals  coQufied  only  by  their  palmar  processes.  AlHtamelui  diffen 
from  Oxydaciybu  in  its  much  greUer  size,  by  having  the  first  «nd 
second  incisors  absent'  and  the  metapodiab  united.  In  Protomeryx 
[^Gomphotherhm)  the  limbs  are  comparatively  much  shorter  than  in 
Oieydattyhu,  the  orbit  is  rounder  and  more  anterior  in  position,  the 
angle  on  the  lower  jaw  is  longer,  and  the  metapodials  are  separated. 

After  a  careful  study  of  all  the  material  at  hand  it  is  believed  by  the 
writer  that  Oxydaetyhts  is  most  nearly  allied  to  Protomajx  (  Gompko' 
^mum)  from  the  John  Day  formation  and  that  some  form  similar  to 
AUitamehu"  in  the  Pleistocene  is  the  termination  of  this  phylum. 
While  the  characters  in  the  dentition  of  the  latter  genus,  are  little 
changed  from  those  in  Protffmeryx,  the  orbit  is  more  oblong  in  shape 
and  more  posterior  in  position.  The  region  between  the  alveolar 
border  and  condyles  of  the  skull  is  also  comparatively  shorter.  The 
greatly  elongated  limbs  especially  in  0.  longipes  contrasts  strikingly 
with  the  rather  short  tlmbs  in  Protemeryx. 

AMcanulus  aUus*  retains  some  important  characters  similar  to  those 
in  O,  longipes,  although  it  is  much  larger  and  more  modified  than  the 
latter.  The  small  cranium,  and  the  structure  of  the  neck,  limbs  and 
phalanges  are  suggestive  of  O.  longipes. 

In  the  Pleistocene  formation  are  remains  of  camels  with  greatly 
elongated  limbs"  and  these  may  represent  the  termination  of  this  line 
of  American  fossil  cameloids.  This  phylum  appears  to  be  divergent 
from  that  of  the  true  camels  and  we  are  at  present  able  to  trace  it 
with  some  certainty  to  the  genus  Protomeryx  of  the  upper  Oligocene. 
Oxydaclylus  presents  characters  resembling  both  the  recent  camels  and 
Other  Loup  Fork  genera,  but  some  of  these  are  doubtless  due  to  paral- 
lelism in  development  and  do  not  signify  relationship.  In  O.  longipes 
we  seem  to  have  an  animal  which  in  some  respects  is  even  more  spe- 
cialized than  the  recent  Camelidx  while  in  other  respects  it  is  more 
primitive.  The  elongated  cervical  region  with  the  comparatively 
longer  limbs,  the  metacarpals  being   15  mm.  and  metatarsal  8   mm. 


Mimoir 

1  Am.  Mus. 

N^i 

,  Hht. 

.Vol.  I,  IV 

t  VII,  page  422,  1901. 

'M^»wh 

■s  Am.  Mm. 

Nal 

.  Hist 

'.,  Vol.  1.  Pai 

rt  VII,  p.  430,  1901. 

1  Memoi, 

!  A«i.  Mm. 

Nat 

.  Hht. 

..  Vol.  X,  p. 

132,  1898. 

Peterson  :  Osteology  of  Oxydacitlus.  473 

longer  than  that  of  an  adult  specimen  of  Camelus  bactrianus  and  the 
unguligrade  structure  of  the  phalanges  are  more  specialized  than  those 
of  the  recent  camels.^*  On  the  other  hand  the  narrow  and  elongated 
cranium,  the  unreduced  dentition,  the  separated  metapodials  and  many 
minor  characters  present  would  be  considered  as  primitive. 

Probable  Habits  of  Oxydactylus. 

From  the  osteological  structure  of  Oxydactylus^  it  would  appear  that 
specialization  had  been  in  the  direction  of  those  characters  required 
for  greater  speed  and  endurance.  The  trunk  became  relatively  lighter 
and  the  limbs  stronger  and  more  elongated  than  in  earlier  forms.  The 
usual  habitat  was  probably  an  open  plain  where  long  journeys  from 
pasture  grounds  to  water  were  necessary. 

Geological  Notes. 

Owing  to  the  somewhat  uniform  character  of  the  entire  sedimentary 
mass  of  the  Loup  Fork  series  in  Sioux  County,  Nebraska,  some  diffi- 
culty was  met  with  in  intelligently  labeling  material  gathered  from  the 
different  horizons.  The  Gering  and  Arickaree  sandstones  of  Darton  *• 
attain  a  thickness  of  900  to  1200  feet  in  this  locality.  For  con- 
venience and  precision  the  writer  divided  the  beds,  temporarily,  into 
three  divisions.  The  Lower  Loup  Fork,  the  Dcevionelix ;  and  the 
Upper  Loup  Fork,  This  arrangement  was  thought  of  importance  in 
connection  with  the  work  carried  on.  Mr.  Hatcher"  divided  the 
Arickaree  sandstones  into  two  distinct  horizons  overlaid  by  a  third, 
the  ** Nebraska  Beds*'  of  Scott.  In  an  ascending  order  the  Loup 
Fork  beds  in  this  locality  are  according  to  Hatcher  as  follows  : 

The  Gering  Sandstones,  consisting  of  some  200  feet  of  laminated, 
massive  and  cross-bedded  sandstones. 

The  Monroe  Creek  Beds,  composed  of  some  300  feet  of  very  light 
colored,  fine  grained,  not  very  hard,  but  firm  and  massive  sandstones. 

The  Harrison  Beds,  composed  of  about  200  feet  fine-grained,  rather 
incoherent  sandstones. 

The  Nebraska  Beds,  consisting  of  a  series  of  buff-colored  sandstones 
of  varying  degrees  of  hardness  and  unknown  thickness.    The  Nebraska 

25  It  seems  to  be  generally  accepted  that  the  peculiar  cushion  foot  of  the  Tylopoda 
was  developed  from  the  unguligrade  condition. 

26  U.  S.  Geogr.  S.  Nineteenth  Annual  Report,  Part  IV,  p.  735,  1897-98. 
^^  Proc.  Am.  Phil.  Society,  Vol.  XLI,  No.  169,  pp.  116-117 


474  Annai-s  of  the  Carnegie  Museum. 

beds  in  this  locality,  as  recently  determined,  can  be  of  no  greater  ver- 
tical thickness  than  rgo  to  200  feet. 

The  beds  are  exposed  for  four  or  five  miles  along  the  south  side  of 
the  Running  Water  or  Niobrara  River  a  few  miles  east  of  the  Wyoming 
and  Nebraska  State  line.  In  the  section  shown  in  Fig.  3  the  Nebraska 
beds  have  a  thickness  of  about  70  feet.  There  are  considerable  ex- 
posures of  the  Nebraska  beds  on  the  south  side  of  the  Running  Water 
River,  and  in  places  they  have  a  vertical  thickness  of  perhaps  300 
feet. 

Some  fifteen  rniles  south  of  the  Running  Water  there  is  a  series  of 
exposures  overlying  the  Nebraska  beds.  These  exposures  are  un- 
doubtedly the  Ogalalla  beds  of  Darton.  No  work  was  done  in  them 
by  our  party  and  their  relation  to  the  section  here  published  is  not 
sufficiently  known  to  the  writer  to  warrant  any  further  mention. 

The  accompanying  geological  section  extending  from  Squaw  Butte 
on  the  northern  face  of  the  Pine  Ridge  which  marks  the  northern 
limits  of  these  beds  at  this  locality,  in  an  imaginary  line  southward 
for  15  miles,  to  the  Running  Water  River  represents  the  sequence  of 
the  various  Loup  Fork  horizons  in  this  region.     The  latest  divisions 


&^,&Jt.  ^ 


and  names  proposed  by  Darton  and  Haicher  are  used  for  the  various 
horizons  in  the  accomjianying  section  (Fig.  3)  and  are  Lielieved,  by 
the  writer,  to  be  the  most  satisfactory  classificalion  yet  ])roposed  of 
the  -Miocene  lieds  in  this  locality.  In  the  (lering  horizon  no  fossil 
remains  have  been  collected.  The  upper  ]iarl  of  thu  Monroe  Creek 
horizon  has  yielded  some  material,  a^  has  also  the  Harrison  beds. 
The  uppermost  jiart  of  the  se.  tion,  or  the  Nebraska  beds  are  appar- 
ently the  rithe>!  in  vertebrate  fossils  of  the  entire  series.      From  this 


Peterson  :  Osteology  of  Oxydactylus.  475 

horizon  were  obtained  a  rich  and  interesting  collection,  including  the 
material  described  in  the  present  paper. 

The  writer  takes  this  opportunity  of  expressing  his  thanks  to  Mr. 
Hatcher  for  valuable  suggestions  and  criticism,  and  to  Professor  Os- 
born  for  the  free  access  given  him  to  the  various  types  and  other 
material,  relating  to  the  subject,  in  the  American  Museum  of  Nat- 
ural History  in  New  York  City. 

The  illustrations  are  from  drawings  made  by  Mr.  Sydney  Prentice, 

the  draughtsman  in  the  Section  of  Vertebrate  Paleontology  of  the 

Carnegie  Museum. 

Carnegie  Museum, 
October  i6,  1903. 

Explanation  of  Plates. 

Plate  IV. 

Fig.    I.  Side  view  of  skull  of  Oxydactylus  longipes^  type  (No.  918). 

Fig.   2.  Top  view  of  same. 

Fig.  3.  Palate  view  of  same. 

Fig.  4.  Mandible  showing  crowns  of  dentition. 

All  figures  \  natural  size. 

Plate  V. 

Fig.  I.  Side  view  of  atlas  of  Oxydactylus  longipes^  type  (No.  918). 

Fig.  2.  Side  view  of  axis  of  same. 

Fig.  3.  Side  view  of  cervical  3  of  same. 

Fig.  4.  Side  view  of  cervical  4  of  same. 

Fig.  5.  Side  view  of  cervical  5  of  same. 

Fig.  6.  Side  view  of  cervical  6  of  same. 

Fig.  7.  Side  view  of  cervical  7  of  same. 

All  figures  \  natural  size. 

Plate  VL 

Fig.  I.     Side  view  of  first  dorsal  of  Oxydactylus  longipcSy  type  (No.  918). 

Figs.  2,  3.     Side  view  of  dorsals,  6  and  7  of  same. 

Fig.  4.     Side  view  of  dorsal  9  of  same. 

Fig.  5«      Side  view  of  dorsal  10  of  same. 

Figs.  6,  7.     Side  view  of  lumbars  4  and  5  of  same. 

Fig.  8.     Inferior  view  of  sacrum  of  same. 

All  figures  \  natural  size. 

Pi^te  VII. 

Fig.  I.     External  view  of  scapula  of  Oxydactylus  longipesy  type  (No.  918). 

Fig.  2.     Front  view  of  humerus  of  Oxydactylus  longipes^  cotype  (No.  886). 

Fig.  3.     Posterior  view  of  same. 

All  figures  \  natural  size. 

Plate  VIII. 

Fig.  I.  Front  view  of  ulna -radius  and  carpus  of  Oxydactylus  longipes,  type  (No. 
918).     Partly  restored  from  cotype  (No.  886). 


476  Annals  of  the  Carnegie  Mxtseum. 

Fig.  s.    Front  i^ew  of  figbt  fore  foot  of  Oxydaciylus  longipes^  type  (No.  918). 

Ptftly  restored  from  the  ootype  (No.  886). 

Fig.  3.    Pofterior  view  of  right  fore  foot  of  Oxydaciylm  hngipes. 

Fig.  4.    Front  view  of  phalangeB  of  Oxydaciy^  iongipes^  type  ( No.  918). 

AH  figures  \  nfttnral  Mse. 

Plats  IX. 

F|g.  I .  Superior  view  of  pelvis,  left  side  of  OxydaOylus  Umgipes^  type  (No.  918). 

Fig.  3.  Side  yiew  of  same. 

Fig.  3.  Tiblftl  side  of  femnr  of  same. 

Fig.  4.  Front  view  of  tersns  of  same. 

Fig.  5.  Posterior  view  of  cnboid  of  same. 

All  figuies  \  natnrml  size. 

Plats  X. 

Fig.  I.  Front  view  of  femur  of  Oxydadylus  longipes^  type  (No.  918). 

Fig.  3.  Front  view  of  tibia  of  same. 

Fig.  3.  Front  view  of  right  metatanals  and  phalanges  of  same. 

Fig.  4.  Posterior  view  of  same. 

All  figures  \  natural  size. 

Plats  XI. 

Fig.  I.  Side  view  of  skull  of  Oj^^daefylms  hraehyodonims^  type  (No.  664.) 

Fig.  2.  Top  view  of  small  skull. 

Fig.  3*  Palate  view  of  smaU  skuN. 

Fig.  4.  Mandible  showing  crowns  of  dentition. 

All  figures  4  natural  size. 

Plats  XII. 

Fig.  I.    Inferior  view  of  atlas  of  Oxydattyhu  hraehyodontus  (No.  562). 

Figs.  2,  3.    Side  view  of  cervicals  2  and  3. 

Fig.  4.     Side  view  of  cervical  5,  tjrpe  (No.  664). 

Fig.  5.     Inferior  view  of  sacrum  (No.  562). 

All  figures  \  natural  size. 

Plate  XIII. 

Fig.  I.     Front  view  of  distal  end  of  humerus  of  Oxydactylus  brachyodantus,  type 

(No.  664). 

Fig.  2.     Front  view  of  ulno-radius  of  same. 

Fig.  3.     Inner  view  of  right  ulno-radius  of  same. 

Fig.  4.     Front  view  of  metacarpals  of  same. 

All  figures  \  natural  size. 

Plate  XIV. 

Fig.  I.  Posterior  view  of  humerus  of  Oxydactylus  brachyodontus  (No,  5^2). 

Fig.  2.  Front  view  of  same. 

Fig.  3.  Front  view  of  right  tibia,  type  (No.  664). 

Fig.  4.  Front  view  of  metatarsals,  type  (No.  664).     Proximal  end  restored  from 
No.  562. 

Fig.  5.  Front  view  of  phalanges,  type  (No.  664). 

Plate  XV. 

The  mounted  skeleton  of  Oxydactylus  longipes. 
About  y^j  natural  size. 


ANNALS 


OF   THE 


CARNEGIE  MUSEUM 


VOLUME  IL     NO.  4. 


Editorial. 


The  Editor  feels  much  satisfaction  in  announcing  the  completion  of 
the  second  volume  of  the  Annals,  This  satisfaction,  which  in  part 
springs  from  the  contemplation  of  a  completed  task,  is  greatly  enhanced 
by  the  pleasant  manner  in  which  the  publications  of  the  Museum  have 
been  received  by  scientific  men  throughout  the  world  and  the  very 
flattering  and  favorable  reviews  which  have  appeared  in  many  of  the 
leading  scientific  journals. 

Mr.  OiTO  E.  Jennings,  who  for  two  years  past  has  been  the  assis- 
tant of  Professor  W.  A.  Kellerman,  the  Professor  of  Botany  in  the 
Oliio  State  University,  during  which  time  he  acted  as  the  Custodian 
of  the  Herbarium  in  that  University,  assumed  on  Febniary  first  the 
position  of  Custodian  of  the  botanical  collections  of  the  Carnegie 
Museum,  taking  the  place  made  vacant  through  the  resignation  of  Mr. 
J.  A.  Shafer. 

Mr.  Percy  E.  Raymond  has  been  employed  by  the  Director  of  the 
Museum  to  take  charge  of  the  collection  of  fossil  invertebrates.  Mr. 
Raymond  is  a  graduate  of  Cornell.  He  has  devoted  considerable  time 
to  post-graduate  studies  in  paleontology  an^  geology,  both  at  Cornell 
and  Yale.  He  has  had  considerable  experience  as  a  collector  and 
preparator.  Mr.  Raymond  has  been  engaged  continuously  since  he 
became  connected  with  the  Museum  in  the  work  of  unpacking,  and, 
latterly,  of  arranging  and  determining  the  invertebrates  of  the  Bayet 

477 


478  Annals  of  the  Carseijie  Ml'seum. 

collection,  which  happily  passed  through  the  conflagration  of  the  v 
house  in  which  they  were  temporarily  stored  without  sustaining  any 
materia!  injury,  for  which  the  authorities  of  the  Museum  have  officially 
expressed  their  gratitude  to  the  officers  of  the  Pittsburg  Department  of    | 
tire,  who,  upon  being  apprised  that  the  valuible  collection  of  the 
Museum  was  in  peril,  made  special  efTorls  to  secure  it  against  loss. 


The  library  of  the  Museum  has  been  enlarged  by  the  acquisition  of 
a  great  many  important  works  during  the  past  year.  It  is  our  inten- 
tion ultimately  to  secure  a  complete  set  of  the  scientific  journals  pub- 
lished by  various  learned  societies,  so  that  access  to  the  literature  of 
the  sciences  on  the  part  of  all  students  in  western  Pennsylvania  may 
be  fadlilated.  A  t:omp!ete  set  of  the  publications  of  the  Linnaean 
Society  of  London,  a  nearly  complete  set  of  the  publications  of  the 
Wilke's  Exploring  Expcditionf  D'Orbigny's  great  work  upon  South 
America,  the  works  of  Humboldt  and  Bonpland  on  the  botany  of  South 
America,  La  Sagra's  HUtoria  Fhica  de  !a  hla  di  Cuba,  the  Flora  of 
the  Phillipplne  Islands,  published  under  the  direction  of  P.  Fr.  Andres 
Naves,  a  complete  set  of  the  writings,  published  and  unpublished,  of 
Townend  Glover,  a  complete  set  of  the  Reports  of  the  Challenger 
Expedition,  are  among  some  of  the  more  recent  and  important  acqui- 
sitions of  the  library  of  the  Museum.  Good  foundations  have  beeu 
laid  by  the  acquisition  of  works  especially  relating  to  paleontology, 
ornithology,  entomology,  and  botany  for  systematic  research.  The 
execution  of  our  plans,  however,  will  be  a  work  which  will  necessarily 
cover  years.  Meanwhile,  the  Museum,  through  the  exchange  of  its 
publications  with  other  kindred  institutions,  is  securing  a  great  deal 
of  the  contemporary  literature  of  science. 

The  fourth  part  of  Volume  I  of  the  Memoirs  of  the  Museum,  con- 
taining Mr.  Ashmead's  paper  on  the  Chalcidoidea,  has  been  published. 
It  will  shortly  be  followed  by  another  from  the  pen  of  the  same  author, 
founded  upon  other  collections  made  by  Mr.  Herbert  H.  Smith  in 
South  America  and  belonging  to  the  Carnegie  Museum. 

The  work  of  reproducing  the  skeleton  of  Diplodnciis  carnegii,  which 
Mr.  Carnegie  has  authorized  the  Director  of  the  Museum  to  have  made 
for  the  British  Museum,  is  proceeding  rapidly  under  the  direction  of 


I 


Editorial.  479 

Mr.  J.  B.  Hatcher,  the  Curator  of  Paleontology,  and  it  is  hoped  within 
the  year  to  complete  the  work,  which  has  proved  itself  to  be  an  under- 
taking attended  with  no  small  mechanical  difficulties,  which  have  all 
been  happily  overcome.  Recent  discoveries  show  that  the  length  of 
this  monster  exceeded  considerably  the  original  estimates  based  upon 
the  first  specimen  collected  by  the  Museum.  The  caudal  vertebrae  are 
found  to  have  been  more  numerous  than  was  originally  supposed,  and 
far  more  numerous  than  is  shown  in  the  restoration  of  the  caudal  region 
published  a  few  years  ago  by  Professor  H.  F.  Osborn. 


The  Director  of  the  Museum  has  received  recently,  through  the 
kindness  of  Mr.  S.  E.  Gill  and  Mr.  G.  Rutledge,  the  President  and 
Superintendent  of  the  Parral  and  Durango  Railway  in  Mexico,  a  num- 
ber of  specimens  of  the  curious  communal  habitations  built  by  the 
larvae  of  Eucheira  socialis  West  wood,  and  has  been  enabled  to  make  a 
number  of  interesting  observations  upon  the  life-history  of  these 
insects,  which  it  is  his  intention  shortly  to  publish  with  appropriate 
illustrations  in  the  Memoirs  of  the  Museum. 


Mr.  J.  A.  MuNSON  has  been  employed  to  assist  Mr.  C.  V.  Hart- 
man,  the  Curator  of  Archaeology  and  Ethnology,  in  the  work  of  arrang- 
ing and  cataloguing  the  Costa  Rican  collections  acquired  by  the  latter 
for  the  Museum.  The  Velasco  collection,  which  was  deposited  at  the 
Museum  of  Archaeology  of  the  University  of  Pennsylvania  in  Phila- 
delphia, has  been  brought  to  Pittsburgh.  It  is  known  that  the  collec- 
tion of  Costa  Rican  anti(|uities  at  the  Carnegie  Museum  now  exceeds 
in  size  all  other  collections  from  that  country  save  only  the  collection 
in  the  National  Museum  of  Costa  Rica  at  San  Jose.  There  are  more 
Costa  Rican  antiquities  in  the  Carnegie  Museum  than  there  are  in  all 
the  other  museums  of  the  world  combined. 


The  Section  of  Mineralogy  of  the  Museum  has  acquired  a  fine  series 
of  calcite  crystals  from  Joplin,  Missouri,  among  them  one  colossal  pink 
calcite  twin,  over  fourteen  inches  in  its  longest  diameter. 

The  Museum  is  deeply  indebted  to  Mr.  Henry  Fairfield  Osborn,  of 
the  American  Museum  of  Natural  History,  for  a  reproduction  in  plaster 
of  Mr.  Charles  Knight's  excellent  and  spirited  model  of  the  five-toed 
horse,  Protorohippus,  which  has  attracted  a  great  deal  of  attention. 


480  Annals  of  the  Carnegie  Museum. 

The  magnificent  specimen  of  Promerycochotras,  discovered   by  Mr. 
O.  A.  Peterson,  showing  the  skeletons  of  three  individuals,  lying  <«  situ   ■ 
as  they  died  and  were  covered  up  by  the  drifting  sands,  has  been   , 
recently  installed  in  the  Museum,  where  it  is  greatly  admired  by  those 
who  understand  the  scientific  significance  of  the  specimen.     It 
lieved  to  be  the  finest  thing  of  its  kind  anywhere  in  existence. 

The  great  collection  of  birds  belonging  to  Mr.  A.  W.  Anthony,  of  1 

Portland,  Oregon,  has  been  purchased  by  the  Museum  and  has  been  ' 
received,  with  the  exception  of  some  minor  portions  of  the  collection, 
which  were  for  the  time  being  in  the  hands  of  specialists,  but  which 
will  be  shortly  turned  over  to  this  Museum.  The  acquisition  of  this 
collection  brings  the  total  number  of  birds  in  the  ornithological  col- 
lections of  the  Museum  up  to  nearly  twenty-five  thousand.  Of  the  , 
birds  of  North  America  the  Museum  now  contains  specimens  of  more 
than  three -foiLrths  of  all  the  species  known  to  occur  north  of  the  Rio 
Grande  of  Texas. 


IX.     THE  BIRDS  OF  ERIE  AND  PRESQUE  ISLE,  ERIE 

COUNTY,  PENNSYLVANIA. 

By  W.   E.  Clyde  Todd. 

Introductory  Note. 

Soon  after  the  writer's  purpose  to  prepare  a  comprehensive  work  on 
the  birds  of  Western  Pennsylvania  had  assumed  definite  form  and  shape, 
now  almost  ten  years  ago,  it  became  evident  that  such  a  work  would 
be  far  from  complete  should  it  not  include  the  results  of  a  special  in- 
vestigation of  the  avifauna  of  that  portion  of  the  State  bordering  upon 
Lake  Erie.  Not  only  were  many  species  of  water  birds,  not  to  be 
found  elsewhere  in  western  Pennsylvania,  reported  from  that  locality, 
but  the  influence  of  the  lake,  as  a  factor  aff*ecting  the  distribution  of 
bird-life,  seemed  also  to  demand  study.  Hence  the  project  was  early 
formed  of  spending  an  entire  season  at  this  point,  but  circumstances 
forebade  the  realization  of  the  plan  until  the  year  1900,  when  the 
writer,  having  meanwhile  become  identified  with  the  Carnegie  Museum 
of  Pittsburgh,  was  able  to  carry  out  his  long-cherished  idea  under  the 
auspices  of  that  institution.  As  an  assistant  on  the  expedition  there 
was  engaged  Mr.  Willis  W.  Worthington,  of  Shelter  Island,  New  York, 
to  whose  ability  as  a  collector  and  observer  the  success  of  the  trip  was 
in  large  measure  due.  Almost  one  thousand  specimens  were  secured. 
The  exact  dates  of  our  stay  were :  March  21-May  31,  and  August  20— 
November  20,  thus  covering  both  migration  periods  fairly  well.  In 
the  spring  our  headquarters  were  rather  inconveniently  located  in  the 
city  of  Erie,  but  in  the  fall  they  were  removed  to  a  house-boat  anchored 
in  Misery  Bay  on  the  Peninsula,  greatly  facilitating  field-work. 

In  view  of  the  many  interesting  records  that  have  been  accumulated 
it  has  been  thought  best  to  publish  the  results  of  this  trip  in  advance 
of  the  writer's  general  work  on  the  birds  of  Western  Pennsylvania,  for 
which  they  were  originally  intended,  the  more  so  as  the  completion  of 
the  latter  is  apt  to  be  delayed  for  some  time.  The  present  paper, 
therefore,  is  based  on  the  data  secured  in  the  season  of  1900,  but 
also  includes  all  other  available  information  upon  the  birds  of  this  par- 

481 


482 


ANl«L^^^raECARNSl^TnsSj)«7^ 


ticTilar  locality,  so  that  it  is  a  complete  summary  of  our  present  knowl- 
edge of  the  subject.     There  have  been  utilized  some  notes  made  by  | 
the  writer    during  other  brief  visits  in    1893  (August  38-30),    1895  ] 
(June   17),  1899  (Juue  26-27),  1902  (December  g)  and  1903  (Au- 
,  of  Warr 


the  writer  is  j 

es  made  upon  his  various  visits  1 
900;  April  24-27,  September    ' 
3-16,  November  10-14,  ^903- 
ontribiited  some  notes  on  the    j 
i  Thompson,  of  the  same  place, 
regard  la  certain  specimens  in 


gust  22).  To  Mr.  Ralph  B.  Simpso 
under  obligations  for  the  use  of  the  ni 
10  Erie,  as  follows:  September  5-19. 
25-27,  November  17-23,  1902  ;  April 
Mr.  Archie  M.  Howes,  of  Erie,  has 
nesting  of  several  species,  and  Mr.  Jan 
has  courteously  supplied  information  i 

his  collection.  The  late  Hon.  George  B.  Sennelt  had  made 
observalions  on  the  avifauna  of  this  section,  but  his  note-books  are  not 
now  to  be  found,  and  are  ihovight  to  be  lost.  Their  loss  is  a  serious 
matter,  made  up  only  in  small  part  by  an  examination  of  Mr.  Senneti'a 
colleaioD  of  birds  and  a  study  of  the  records  published  al  second-hand 
in  Dr,  B.  H.  Warren's  "Birds  of  Pennsylvania,"  By  far  the  most 
iraponant  contribution,  however,  has  been  by  Mr.  Samuel  E.  Bacon, 
of  Erie,  who  has  plated  his  notes  on  the  birds  of  this  region,  covering 
the  years  1888  to  1904  inclusive,  at  the  writer's  disposal.  Although 
his  olijcrl  was  nearly  always  the  pursuit  of  game  birds,  and  the  notefi 
gathered  on  the  smaller  species  are  necessarily  of  a  fragmentary  char- 
acter, yet  the  data  received  from  this  source  admirably  supplement 
those  obtained  by  our  party  in  1900,  and  have  been  extensively  used 
in  the  preparation  of  the  present  rei>ort.  Many  specimens  of  Mr. 
Bacon's  collecting  are  now  in  the  Carnegie  Museum,  while  some  are  de- 
posited in  the  U.  S.  National  Museum  as  a  part  of  the  collection  of  the 
Biological  Survey.  In  addition  to  the  original  notes  above  enumerated, 
all  the  known  published  records  referring  to  the  birds  of  the  locality 
under  consideration  have  been  collated,  and  the  information  contained 
incorporated  with  that  from  the  various  other  sources. 

Attention  should  be  called  to  the  fact  that  an  intelligent  understand- 
ing of  the  life  and  distribution  of  birds  in  the  region  of  the  Great 
Lakes  will  be  only  had  when  a  thorough  study  has  been  made  of 
other  favorable  localities  along  their  shores.  The  data  at  present 
available  are  too  fragmentary,  scattered,  and  indefinite  to  permit  of 
proper  correlation.  The  few  local  lists  that  have  appeared  are  gener- 
ally inadequate  and  disappointing,  and  for  many  places  of  probable 
interest  no  data  are  available.      In  the  case  of  Lake  Erie,  for  example, 


Todd:    Birds  oe  Erie  and  Presque  Isle.  483 

a  study  of  the  birds  of  Long  Point,  on  the  Canadian  shore  opposite 
Presque  Isle,  would  be  a  most  welcome  contribution  to  the  general 
subject,  and  would  afford  a  basis  for  a  comparison  that  could  not  be 
otherwise  than  interesting  and  instructive. 

In  the  present  list,  for  the  sake  of  uniformity,  the  nomenclature  and 
sequence  of  species  given  in  the  **  Check-List  of  North  American 
Birds,"  published  by  the  American  Ornithologists'  Union,  have  been 
followed,  with,  however,  a  few  lately  published  changes  which  have  been 
proposed,  but  not  yet  formally  accepted.  Species  whose  occurrence  is 
to  be  expected,  but  which  have  not  been  actually  recorded,  are  included 
in  their  proper  places,  enclosed  in  brackets,  usually  with  a  brief  state- 
ment of  their  extralimital  records  and  with  the  proper  references. 

Acknowledgments  are  due  to  all  the  parties  above  named  as  having 
contributed  notes  for  use  in  the  present  connection,  and  also  to  Mrs. 
George  B.  Sennett,  for  permission  to  consult  the  collection  of  her  late 
husband;  *  to  Dr.  J.  A.  Allen,  for  his  courtesy  in  affording  the  neces- 
sary facilities  for  examining  the  same,  and  to  Dr.  A.  K.  Fisher  and 
Mr.  Harry  C.  Oberholser  for  assistance  in  preparing  the  bibliograph- 
ical list  and  in  identifying  certain  species. 

General  Introduction. 

Erie  County  occupies  the  extreme  northwestern  corner  of  Pennsyl- 
vania, giving  the  State  a  northern  frontage  on  Lake  Erie  of  more  than 
forty  miles,  beginning  at  the  Ohio  line  near  its  intersection  with  the 
parallel  of  forty-two  degrees  north  latitude,  and  extending  in  an 
approximately  east-northeastern  direction  to  the  New  York  boundary. 
Its  area  is  about  seven  hundred  and  seventy  square  miles,  mainly  de- 
devoted  to  agricultural  pursuits,  comprising  as  it  does  some  of  the  best 
farming  country  in  the  western  part  of  the  State.  Erie  is  the  county 
seat  and  chief  city,  with  a  population  (in  1900)  of  almost  fifty-three 
thousand  inhabitants.  Manufactures  of  various  kinds  constitute  the 
principal  industries  of  the  city,  although  there  is  also  carried  on  a 
considerable  commerce  in  lumber,  grain,  coal,  and  ore,  chiefly  with 
other  cities  on  the  Great  Lakes.  A  capacious  but  shallow  harbor  is 
created  by  a  strip  of  low-lying  land  forming  the  arc  of  a  circle,  and 
joined  to  the  mainland  at  its  western  extremity,  leaving  an  entrance  on 
the  east,  now  partially  closed  by  an  artificial  breakwater.     This  strip  of 

*  The  bulk  of  this  collection  is  deposited  in  the  American  Museum  of  Natural 
History  at  New  York,  but  nearly  all  the  mounted  specimens  were  presented  to  the 
Carnegie  Museum  by  Mr.  Sennett  a  few  years  before  his  death. 


484  AvNALs  OF  THE  Carne(;ie  Musf^UM. 

land  is  known  as  Presque  Isle,  or  the  Peninsula,  while  the  enclosed 
water  is  Presque  Isle  or  Krie  Bay —  the  former  name  in  each  case  being 
a.  souvenir  of  the  French  occupation  of  this  region. 

The  mean  level  of  Lake  Erie  is  five  hundred  and  seventy-three  feet 
above  tide.  Extending  along  the  lake  front  is  an  almast  level  aJluvial 
strip  some  two  or  three  miles  in  width,  which  is  known  as  the  lake 
shore  plain.  It  lies  at  an  elevation  above  the  lake  of  from  one  hundred 
to  one  hundred  and  sixty  feet,  tnost  of  which  difference  in  level  is  rep- 
resented by  a  steep  bluff  rising  just  back  of  the  beach  of  the  lake.  The 
lake  shore  plain  has  asandy  soil,  and  is  regarded  as  the  best  farming 
land  in  the  county,  hence  its  woodland  has  almost  disappeared.  It  is 
in  this  cleared  area,  most  of  which  is  under  cultivation,  or  given  over 
to  grazing,  that  such  birds  as  are  partial  to  open  country  find  their  most 
congenial  haunts.  Scattered  here  and  there,  and  particularly  on  the 
slopes  of  the  high  ridge  that  limits  the  plain  on  the  south,  there  yet 
remain  some  groves  of  hardwood  timber,  consisting  largely  of  oak 
(Qaeirus,  several  species),  chestnut  (Cas/amta  lien/a/a'),  walnut 
{yii^/awj  rt/i^rrt),  butternut  (yug/arrs  einrrea),  heech  {Fagus  atropn- 
nicea),  wild  cherry  l^Prunus  serotina),  maple  {Acer  rubrum),  hickory 
{ItUoria  spp.^,  elm  {Ulmus  Ameruana),  and  cucumber-tree  (.Mag- 
nolia acuminata),  and  a  great  deal  of  second-growth  poplar  (^Populus 
sp.).  In  many  place.s  the  bluff  facing  the  lake  shore  is  covered  with 
a  rich  woods  composed  largely  of  hemlock  (  Tsuga  Canadensis),  which 
growth  oflen  encroaches  upon  the  adjacent  level  land,  and  may  have 
originally  covered  much  more  of  this  area.  In  these  woods  are  found 
several  spiecies  of  birds  which  have  not  been  detected  at  all  upon  the 
Peninsula.  A  belt  of  swampy  land  about  three-fourths  of  a  mile  wide 
formerly  extended  along  the  lake  shore  plain  from  the  Ohio  line  to  a 
point  about  twelve  miles  east  of  Erie.  Even  now,  with  drainage 
systems  on  every  farm,  there  are  still  left  considerable  areas  of  marshy 
ground,  with  occasional  scattered  ponds,  where  ducks  and  other  water- 
fowl sometimes  alight,  and  rails  and  snipe  are  found  in  their  season, 
and,  indeed,  in  early  times  this  strip  was  famous  ground  for  these  kinds 
of  game  birds. 

South  of  the  lake  shore  plain  the  country  is  much  more  heavily 
wooded,  and  doubtless  the  bird-life  is  correspondingly  affected,  but  a 
discussion  of  this  question  does  not  come  within  the  limits  of  the 
present  paper.  The  ridge  overiooking  the  plain  is  some  four  or  five 
hundred  feet  above  the  level  of  the  lake,  and  beyond  this  ihe  land  is  of 


I 


Todd:    Birds  of  Erie  and  Presque  Isle.  485 

a  rolling  character,  culminating  in  a  drainage  divide  averaging  t>^'0 
hundred  feet  higher  yet.  From  these  highlands  numerous  small 
and  a  few  larger  streams,  such  as  Elk,  Walnut,  and  Mill  Creeks, 
descend  to  Lake  Erie,  breaking  through  the  intervening  hills  and  the 
terrace  formation  in  the  lower  portion  of  their  courses,  in  a  series  of 
deep  gorges  or  gullies,  which  are  one  of  the  most  striking  topo- 
graphical features  of  this  section.  Mill  Creek  empties  into  Presque 
Isle  Bay  at  Erie,  and  is  utilized  as  one  of  the  outlets  of  the  sewage  of 
the  city.  The  marshes  and  mud-flats  at  its  mouth  constitute  one  of  the 
best  feeding-grounds  in  this  whole  region  for  many  kinds  of  shore- 
birds  and  aquatic  fowl  during  the  season  of  migration.  Being  so  near 
the  docks  and  railroad  yards,  however,  it  is  far  from  being  a  safe 
haven  for  the  birds,  and  large  numbers  are  often  killed  here  by 
gunners ;  but  if  shooting  were  forbidden  on  these  few  acres  it  is  prob- 
able that  here,  during  the  fall  migration,  more  varieties  of  shore-birds 
could  be  seen  than  at  any  other  one  point  in  Pennsylvania. 

The  Peninsula  has  a  roughly  semicircular  outline,  about  seven  miles 
long  in  arc  (measured  on  the  outside)  and  five  and  one-half  miles  in 
chord.  Near  its  western  extremity  and  junction  with  the  mainland 
(about  two  and  one-half  miles  west  of  the  city  limits)  —  known  locally 
as  the  **  Head  *'  —  it  is  quite  narrow,  in  some  places  an  interval  of 
less  than  one  hundred  yards  separating  the  waters  of  the  lake  and  bay. 
To  the  east,  however,  it  gradually  widens  until  it  attains  a  breadth  of 
one  and  one-fourth  miles  from  shore  to  shore.  An  arm  of  Erie  Bay, 
known  as  Misery  Bay,  occupies  a  rounded  indentation  just  east  of  the 
widest  part,  the  land  curving  around  its  eastern  shore  for  some  dis- 
tance to  the  southward,  terminating  abniptly  in  an  artificial  pier  along 
the  channel  leading  from  the  lake,  where  are  ranged  the  buildings 
belonging  to  the  United  States  Lighthouse  and  Life-saving  Station. 
The  entire  Peninsula  is  the  property  of  the  General  Government,  and 
the  only  other  buildings  upon  it  are  those  in  connection  with  the  light- 
house on  its  north  shore,  known  locally  as  the  *'  flash-light,"  but  offi- 
cially as  **  Presque  Isle  Light." 

In  a  geological  sense  the  Peninsula  is  merely  an  immense  sand-bar, 
the  manner  of  the  formation  of  which  may  easily  be  traced,  as  all  the 
various  stages  are  represented.  The  action  of  the  wind  and  waves  has 
at  intervals  raised  a  bar  parallel  to  the  shore-line,  with  which,  in  course 
of  time,  it  has  become  united  at  one  or  both  ends,  enclosing  a  pond, 
whose  margins  have  gradually  grown  more  and  more  marshy  as  the 


486  Annals  of  the  Carnegie  Museum. 

general  depth  decreased  with  the  filling  up  of  the  water  area.  The 
formation  of  these  sand-bars  is  accelerated  by  the  great  storms  which 
annually  visit  this  region,  by  wfiich  sometimes  the  entire  configiiratioii 
of  the  shore  is  changed  in  a  single  day.  At  such  times  the  level  <^ 
Lake  Erie  may  rise  several  feet,  and  in  the  overflow  and  recession  of 
its  waters  there  may  be  cut  channels  again  connecting  the  newly 
formed  pond  with  the  larger  body  of  water,  which  outlets  may  persist 
permanently.  Moreover,  there  is  a  continual  shifting  movement  of 
the  loose  sand  going  on  in  the  direction  of  the  prevailing  westerly 
winds,  so  that  there  is  a  constant  tendency  toward  contraction  at  the 
west  and  expansion  at  the  east.  Indeed,  the  western  end  of  the  lake 
beach  of  the  Peninsula  is  much  in  need  of  protection,  it  having  in 
several  places  been  washed  quite  away,  leaving  large  trees  standing  in 
the  water  twenty  or  thirty  feet  from  shore. 

To  the  combined  and  long-continued  action  of  these  various  influ- 
ences the  peculiar  topographical  features  of  the  Peninsula,  as  it  is  today, 
may  be  ascribed.  It  consists  of  a  series  of  parallel  wooded  ridges, 
separated  by  comparatively  shallow  ponds  or  marshes,  usually  of  com- 
plex structure.  Its  outer  shore  (facing  the  lake)  is  for  its  entire 
length  a  smooth  sandy  beach,  referred  to  in  the  present  paper  as  the 
"outside  beach."  This  beach  is  widest  towards  the  east,  where  it 
includes  several  unnamed  ponds,  back  of  which  lies  an  extensive  area 
of  sand-dunes,  covered  with  a  scanty  growth  of  grasses,  herbage,  and 
in  places  bushes  of  the  wax -myrtle  or  bay  berry  (Afyrica  Caro/in^nsis) , 
and  scattered  low  trees  or  shrubs  of  a  species  of  poplar  {Popu/us  del- 
toides) .  There  are  a  few  ponds  in  this  area  also.  Beginning  about 
half  a  mile  east  of  the  flash-light,  however,  the  slope  of  the  outside 
beach  is  abruptly  terminated  by  a  low  bluff  to  whose  edge  the  wooded 
ridges  extend,  so  that  to  the  westward  there  are  very  few  sand-dunes, 
such  as  have  just  been  described.  The  ground  of  this  kind  gives  way 
at  length  to  the  first  of  the  ridges,  which  is  characterized  by  irregular 
sand  hills  covered  with  tufts  of  coarse  grass,  and  supporting  poplar 
trees  of  considerable  size,  also  many  grape-vines  {Vitis  sp.),  and 
south  of  this  again  there  grows  a  variety  of  deciduous  trees,  with  abund- 
ant undergrowth,  before  any  of  the  larger  ponds  are  reached. 

Horseshoe  Pond  is  the  name  given  to  an  oval  body  of  water  occupy- 
ing most  of  the  extreme  southeastern  part  of  the  Peninsula,  near  the 
Government  buildings.  It  is  the  deepest  of  the  ponds.  Its  shores  are 
sandy  save  for  a  space  along  the  western  side,  and  it  has  (at  present) 


Todd:    Birds  of  Erie  and  Presque  Isle.  487 

no  permanent  outlet,  although  originally  connected  with  the  channel 
at  the  pier.  It  would  seem  to  be  of  comparatively  recent  formation. 
Northwest  of  Horseshoe  Pond,  after  an  interval  of  sand-dunes  bearing 
poplar  trees,  and  occupying  the  depression  beyond  the  first  wooded 
ridge,  is  Niagara  or  Lake  Pond  (Plate  XVII),  the  outlet  of  which  is  into 
Misery  Bay.  It  is  divided  into  two  main  portions  by  a  narrow  tongue 
of  land  extending  from  the  north,  and  its  shores  are  everywhere  marshy 
and  fringed  with  a  dense  growth  of  aquatic  plants.  Yellow  Bass  Pond, 
opening  also  into  Misery  Bay  by  a  tortuous  channel,  lies  just  beyond 
the  intervening  strip  of  woodland,  and  is  very  similar  in  character  to 
Niagara  Pond.  It  is  succeeded  in  its  tiu-n  by  a  long,  narrow,  shallow 
body  of  water  known  as  Ridge,  or  Dead  Pond,  so  called,  perhaps, 
because  during  the  summer  months  it  largely  dries  up,  as  also  do  some 
of  the  other  smaller  ponds  having  no  visible  connection  with  the  bay, 
which  would  indicate  that  they  are  mainly  dependent  on  the  rains  for 
their  water-supply.  Ridge  Pond  is  entirely  enclosed  by  a  dense  growth 
of  bushes,  and  along  its  southern  margin  there  runs  a  board-walk  con- 
necting Presque  Isle  Light  with  the  Government  boat-house  at  the 
head  of  Misery  Bay.  Just  west  of  this  bay  is  Graveyard  Pond,  and 
beyond  this  again  Big  Pond  (Plate  XIX),  which  has,  or  had  in  1900, 
an  artificial  outlet  to  the  south.  Big  Pond,  with  its  intricate  system 
of  arms  and  channels,  is  a  veritable  watery  labyrinth.  From  it  a  nar- 
row passage  leads  into  Long  Pond,  the  name  of  which  suggests  its 
shape.  Long  Pond  is  deeper  than  any  of  the  other  ponds  except 
Horseshoe  Pond,  and  its  margins  are  not  marshy  to  any  extent,  a 
dense  growth  of  low  bushes  extending  to  the  edge  of  the  water  in 
most  places.  West  of  Long  Pond  are  two  small  ponds  known  as  the 
Lily  Ponds,  closed  in  by  dense  shrubbery.  The  only  other  pond  of 
importance  in  this  connection  is  Cranberry  Pond,  a  long,  narrow, 
enclosed  body  of  water  lying  between  and  parallel  to  Ridge  and  Long 
Ponds,  south  of  the  board-walk.  In  addition  to  those  above  men- 
tioned, there  are  a  number  of  smaller  ponds,  particularly  in  the 
western  portion  of  the  Peninsula,  not  dignified  by  special  names,  as 
well  as  areas  of  marshy  savanna  which  were  doubtless  once  open  ponds, 
and  have  become  filled  up  in  the  course  of  time.  Nearly  all  the  ponds 
have  a  thick  layer  of  mud  covering  the  sandy  bottom,  so  that  it  is 
usually  unsafe  to  attempt  wading.  At  low  water  several  of  the  ponds 
present  muddy  margins,  which  are  very  attractive  to  some  species  of 
shore-birds,  but  the  **dead"  ponds  in  the  western  part  of  the  Penin- 


48S  xSsAi^or^m  Carnegie  MrsEi™. 

snla  are  surrounded  by  3  dense  growth  of  bushes,  which  encroach  upon.    1 
the  water  to  such  an  extern,  that,  even  when  the  ponds  are  low,  there 
is  no  beach  exposed. 

The  vegetation  of  these  various  ponds  and  marshes  is  profuse  indeed. 
Along  their  edges  is  a  rank  growth  of  rushes  (Juium),  marsh  grasses, 
ariow-leaf  {iaji,'»ffa»-/ii),  and  cat-lail  {Typha  lalifolia'),  giving  way,  in 
deeper  water,  to  pondweed  (Polamogeton),  yellow  water-lily  (Nym- 
phaa  variegala),  and  others  fully  as  characteristic.  In  Niagara, 
Yellow  Bass,  and  Graveyard  Ponds  wild  rice  (Zizania  a^uatica)  grows 
in  abundance,  and  accordingly  these  are  the  favorite  haunts  of  coots, 
raiU,  bitterns,  and  the  like.  The  ducks  would  no  doubt  also  relish 
the  wild  rice,  but  as  they  can  be  so  readily  approached  when  feeding 
among  it,  they  soon  learn  that  the  more  open  ponds  are  safer,  at  least 
in  the  daytime.  In  the  drier  portions  there  are  extensive  areas  of 
dense  thicket,  while  the  largest  tracts  of  heavy  timl>er  arc  found  on 
Ihc  higher  ridges  west  of  Big  Pond  (Plate  XVIII).  The  surface  of 
these  ridges  is  very  uneven,  everywhere  showing  the  peculiar  sand-hili 
formation.  Oaks  of  several  species  constitute  perhaj©  the  bulk  of  the 
forest,  although  there  are  considerable  areas  almost  entirely  given  over 
to  while  pines  (^Pinui  Strodus),  the  trees  of  which,  although  well  de- 
veloped, do  not  attain  the  height  elsewhere  observed. 

Erie  Bay,  constituting  the  harbor  of  the  city  of  Erie,  is  about  four 
and  one-half  miles  in  length,  with  an  average  width  of  one  and  one- 
half  miles.  The  channel  giving  entrance  from  the  lake  opens  into  its 
eastern  end,  between  the  pier  at  the  Life-saving  Station  and  the  break- 
water, built  out  from  a  point  of  land,  known  as  the  "sand-beach," 
just  east  of  the  mouth  of  Mill  Creek.  This  is  a  favorite  spot  for  shore- 
birds,  as  mentioned  above.  The  shores  of  the  bay  are  sandy  for  the 
most  part,  but  the  beach  is  by  no  means  so  wide  as  that  along  the  out- 
side shore,  and  much  of  it  is  littered  over  with  driftwood.  West  of 
"Big  Bend,"  however,  there  are  extensive  marshy  areas,  and  the 
shallow  water  here  is  almost  as  good  feeding-ground  for  the  "  pond 
ducks  "  as  the  ponds  themselves.  Here  also  at  times  of  low  water  are 
extensive  mud-tlats,  frequented  by  many  species  of  waders.  Except 
these  marshes  and  the  Mill  Creek  flats,  ihe  shore  of  the  bay  has  no 
marsh  or  beach  that  would  attract  anything  but  a  Spotted  Sandpiper, 
and  the  same  may  be  said  of  the  whole  lake  shore  of  I-lrie  County, 
exclusive,  of  course,  of  the  Peninsula.  The  shallower  parts  of  thebay 
support  a  number  of  aipiatic  plants  in  considerable  abundance,  among 


Todd  :    Birds  of  Erie  and  Presque  Isle.  489 

which  may  be  mentioned  wild  celery  {Vallisneria  spiralis) y  which 
is  particularly  in  evidence  about  Crystal  Point,  at  the  entrance  to 
Misery  Bay. 

The  proximity  of  a  large  body  of  water  such  as  Lake  Erie  neces- 
sarily exerts  a  marked  influence  upon  the  climate  of  the  adjacent 
region.  These  climatic  peculiarities  were  described  in  detail  many 
years  ago  by  Dr.  J.  P.  Kirtland  {American  Journal  Science  and  Arts ^ 
Second  Series,  XIII. ,  1852,  215-219),  with  whose  observations  at 
Cleveland,  Ohio,  those  of  the  writer  agree  so  far  as  they  go.  In  gen- 
eral, it  may  be  said  that  the  lake  exerts  a  tempering  effect  upon  the 
climate.  As  a  rule,  neither  the  cold  of  winter  nor  the  heat  of  summer 
reach  the  extremes  felt  by  localities  south  of  the  lake  shore  and  removed 
from  its  influence.  Moreover,  on  the  other  hand,  the  several  seasons 
are  successively  later.  During  the  winter  I^ke  Erie  is  entirely  frozen 
over,  and  the  presence  of  such  a  vast  quantity  of  ice,  yielding  as  it 
does  very  slowly  to  the  influence  of  returning  warmth,  absorbs  the 
bulk  of  the  atmospheric  heat  in  the  melting,  and  thus  keeps  the  air 
cold  and  raw  and  the  weather  inclement  until  the  completion  of  the 
process.  So  long,  therefore,  as  there  remain  any  considerable  bodies 
of  ice  on  the  lake,  spring  Avill  make  but  little  advancement,  but  *'no 
sooner  do  they  disappear  than  spring  sets  in  with  a  reality,  and  vege- 
tation puts  forth  with  sub-arctic  rapidity."  Thus,  in  the  season  of 
1900,  the  spring  seemed  to  the  writer,  accustomed  to  a  locality  only  a 
hundred  miles  to  the  south,  exceedingly  cold  and  backward  (May  23 
having  been  the  first  moderate  day),  yet  it  would  seem  that  this 
particular  season  was  not  exceptional  in  this  respect.  Then,  too,  the 
hot  weather  persists  much  longer  in  the  fall,  and  killing  frosts  are  usu- 
ally later  by  a  month  or  more,  than  in  the  region  just  to  the  south. 
Indeed,  the  woodland,  shrubbery,  and  most  of  the  herbage  on  the 
Peninsula  presented  almost  as  green  and  fresh  an  appearance  the  first 
week  in  November,  1900,  as  in  September  along  the  Ohio  River, 
while  the  first  destructive  frost  did  not  come  until  November  14. 
Previous  to  this  date,  however,  snow  could  be  seen  covering  the  high 
ridge  south  of  the  lake  shore  plain,  and  the  foregoing  remarks  are  evi- 
dently applicable  only  to  the  narrow  strip  of  comparatively  low  land 
contiguous  to  the  lake. 

In  spite  of  these  peculiar  climatic  conditions,  the  dates  of  the  migra- 
tion of  birds  seem  not  to  be  appreciably  affected  thereby,  correspond 
ing  very  closely  to  similar  dates  from  adjacent  regions.     The  only 


490  Annals  of  the  Carnegie  Museum. 

exception  to  this  statement  is  in  the  case  of  certain  waterfowl,  the 
length  of  whose  stay  in  the  fall  is  largely  dependent  tipon  the  preva- 
lence of  open  water.  The  trend  of  the  migration  at  this  point  is  not 
exactly  clear,  and  whether  birds  follow  the  shore  of  the  lake  until  they 
come  to  a  convenient  crossing-place  at  its  extremity,  or  boldly  adven- 
ture themselves  in  direct  flight  across  its  expanse,  is  not  with  certainly 
known.  There  are,  however,  indications  that  the  latter  route  is  sCHne- 
times  followed,  not  only  by  some  of  the  water  birds,  to  many  of  which 
a  flight  over  water  is  devoid  of  risk,  but  by  certain  of  the  smaller  land 
birds  as  well.  Flocks  of  some  species  have  repeatedly  been  seen,  sup- 
posedly in  direct  migration,  flying  out  to  the  open  lake  or  coining  firom 
that  direction.  As  Long  Point  is  the  nearest  land  on  the  Ontario  side, 
and  is  direcrty  opposite  Presque  Isle,  the  inference  that  this  was  the 
starting-point  or  destination  of  such  flights  seems  not  unreasonable. 
On  several  occasions  small  land  birds  were  picked  up  dead  on  the  lake 
shore,  leading  to  the  inference  that  they  had  attempted  the  direct  fti^t 
and  had  failed.  Another  circumstance  worthy  of  mention  in  this  con- 
nection is  the  greater  abundance  of  the  smaller  land  birds  in  spring 
migration  at  the  eastern  end  of  the  Peninsula.  It  is  as  if  they  congre- 
gated here  in  their  passage  along  the  coast  before  their  flight  across  the 
lake.  It  is  noticeable,  too,  that  in  the  fall  the  shore-birds  are  met  with 
first  on  the  most  northerly  part  of  the  outside  beach,  which  they  would 
naturally  strike  first  in  coming  directly  across  the  lake,  thence  crossing 
at  the  piers  to  the  sand-beach  on  the  mainland  shore,  or  flying  to  the 
ponds  and  other  points  on  the  Peninsula.  The  keeper  of  Presque  Isle 
Light  says  that  birds  do  not  strike  the  lantern  there,  save  on  very  thick 
and  foggy  nights,  and  that  the  number  so  killed  in  the  course  of  a  season 
is  inconsiderable. 

In  the  nature  of  the  case  the  locality  under  consideration  is  perhaps 
the  most  favorable  in  the  entire  State  of  Pennsylvania  for  the  study  of 
water  birds.  Quite  a  number  of  such  occur  here  which  have  not  been 
detected  in  the  interior  counties,  while  among  the  land  birds  not  a 
few  are  far  more  abundant  and  characteristic.  Were  it  not  for  the 
proximity  of  such  a  targe  city,  Presque  Isle  would  doubtless  be  an  ideal 
spot  for  birds  of  almost  all  kinds  and  many  species  the  appearance  of 
wh  h  s  a  ]"  en  ra  e  and  ej,ular  would  be  much  more  numerous. 
'i'he  [  se  u  on  o  h  h  he  1  d  of  this  locality  are  constantly  sub- 
jei.  ed  by  he  ho  de  of  j,  n  e  from  Krie  has  resulted  in  a  great 
red       on    n    h       n      1  e      a      omjiared  with  former  j'ears,  and  not  a 


Todd  :   Birds  of  Erie  and  Presque  Isle.  491 

few  species  which  were  once  common  are  now  rarely  seen.  Although 
the  Peninsula  is  government  property,  and  as  such  is  carefully  pro- 
tected from  other  forms  of  vandalism,  there  is  absolutely  no  restriction 
placed  upon  the  extermination  of  its  feathered  inhabitants.  The 
place  is  overrun  with  pot-hunters,  market-gunners,  and  irresponsible 
sportsmen,  who  keep  the  game  constantly  stirred  up,  and  whose  per- 
nicious activity  has  resulted  in  driving  away  not  only  many  species 
which  are  considered  legitimate  objects  of  pursuit,  but  also  numerous 
other  kinds,  which,  if  not  valuable  for  economic  or  aesthetic  reasons, 
are  at  least  harmless.  Immense  bags  of  wild-fowl  and  shore-birds  are 
sometimes  made  by  ignorant  and  conscienceless  gunners,  actuated  by 
greed  of  gain,  or  merely  by  the  desire  to  kill,  and  the  game-laws  are 
being  constantly  violated.  Of  course,  such  slaughter,  all  too  common 
as  it  is  throughout  the  country,  will  eventually  render  its  own  con- 
tinuance impossible.  In  the  present  case  the  abolition  of  spring 
shooting,  which  would  require  for  its  consummation  a  legislative 
enactment,  would  most  certainly  inure  to  the  limitation  of  this 
destruction.  A  restriction  upon  the  number  of  birds  which  one  per- 
son may  kill  in  a  day  would  tend  in  the  same  direction.  The  prohi- 
bition of  all  shooting,  or,  if  need  be,  of  all  trespassing,  upon  the 
Peninsula  and  its  adjacent  waters,  would  be  a  most  effectual  measure. 
There  is  no  reason  why  various  species  of  ducks  and  other  water-birds 
should  not  breed  about  the  ponds  and  marshes  of  Presque  Isle  ;  the 
conditions,  all  save  that  of  insufficient  protection,  are  unaltered  from 
former  years,  when  such  was  regularly  the  case.  Finally,  the  strict 
enforcement  of  the  game-laws  and  the  education  of  public  sentiment 
would  be  of  inestimable  advantage,  and  might  yet  avail  to  prevent  the 
threatened  extermination  of  some  forms  of  bird-life  at  this  interesting 
locality. 

In  the  present  connection  some  general  observations  on  the  avifauna 
of  Erie  contributed  by  Mr.  Samuel  E.  Bacon,  a  conscientious  observer, 
whose  extensive  experience  adds  value  to  his  statements,  are  of  such 
interest  that  they  are  deemed  worthy  of  insertion.  **  As  regards  the 
relative  abundance  of  birds  now  (1903)  as  compared  with  1888, 
when  I  first  began  taking  notes,  1  hardly  know  what  to  say.  I  cer- 
tainly think  that  the  song-birds  have  held  their  own.  The  birds  of 
prey  seem  to  have  sadly  diminished.  Ten  or  fifteen  years  ago  the  first 
mild  days  in  spring  used  to  bring  hawks  by  the  hundreds,  but  of  late 
years  it  is  seldom  that  more  than  a  pair  are  in  sight  at  once.     A 


492  ANNAii  OF  THE  Carnegie  Museum. 

decrease  is  noticeable,  too,  in  the  Dumbers  of  ducks  and  vnders,    but 

I  think  that  the  curtailing  of  their  feeding- grounds  and  the  continual 
persecution  to  which  they  ar«  subjected  from  the  moment  of  their 
arrival  has  led  ihem  lo  seek  more  secluded  localities.  In  October, 
igoi,  there  was  an  almost  unprecedented  flight  of  'pond-ducks' 
(Anatinte),  and  in  some  cases  bags  of  thirty,  forty,  and  even  fifty. 
birds  were  made.  I  saw  a  bag  of  forty-two  (mostly  Mallards)  killed' 
on  the  morning  of  October  i  7  by  two  gunners.  This  hardly  looks 
as  though  the  ducks  were  a  thing  of  the  past,  and  yet  the  next  season 
there  may  be  no  shooting  of  any  consequence.  Presque  Isle  Bay  15 
the  only  feeding-ground  of  any  sixe  for  many  miles  on  ihe  south  side 
of  Lake  Erie,  but  with  sixty  thousand  people  living  right  at  its  shore, 
the  ducks  have  little  chance  to  feed.  The  shallow  water  species,  such 
as  the  Mallard,  Black  Duck,  Teal,  Widgeon,  Wood  Duck,  Pintail,  and 
Hooded  Merganser  are  found  in  the  pjonds  and  along  the  bay  shore  of 
the  western  portion  of  the  Peninsula,  These  kinds,  particularly  the 
Mallard,  when  persistently  hunted,  will  fly  out  into  the  middle  of  the 
bay  to  spend  the  day,  reluming  at  dusk  to  the  ponds,  where  I  have 
watched  them  feeding  in  the  moonlight.  The  Scaups,  Redheads, 
Golden-eyes,  Buffleheads,  Scoters,  Ijjng-tailed  I  lucks,  and  Red-breasted 
Mergansers  are  found  in  the  deeper  waters  of  the  bay,  or  rather  would 
be  found  there  if  unmolested,  but,  so  accvistonied  have  they  become  to 
being  disturbed,  that  daylight  generally  sees  ihem  on  the  move  for  Ihe 
main  lake,  where,  if  it  is  not  too  rough,  they  spend  the  day,  returning 
to  the  bay  about  dusk.  This  is  of  course  not  the  invariable  rule  for  all 
the  deep  water  ducks,  for  some  stay  on  the  bay  in  spite  of  the  gunners, 
and  some  species  would  no  doubt  go  to  the  lake  to  feed  in  any  case. 
In  flying  to  and  from  the  lake  the  ducks  either  cross  the  narrow  neck 
of  the  Peninsula  to  the  west,  or  go  over  the  breakwater  pier  at  the 
eastern  end  of  the  bay,  which  place  has  been  a  famous  ducking  point 
in  years  past. 

"The  shore-bird-s  would  seem  to  have  fallen  off  considerably  in 
numbers  in  the  last  six  years,  but  in  this  period  there  has  been 
very  little  low  water,  and  the  flats  at  the  mouth  of  Mill  Creek  have 
grown  up  with  weeds  to  such  an  extent  that  their  iavorite  feeding- 
grounds  are  greatly  diminished.  Many  species  have  seemed  to  be  almost 
if  not  quite  unrepresented  of  late  years.  The  fall  flight  of  Red-backed 
Sandpipers  was  formerly  looked  forward  to  as  being  as  certain  a.s  the 
close  of  navigation,  yet  there  has  been  no  flight  of  these  birds  since 


I 

I 


I 


] 


Todd:    Birds  of  Erie  and  Presque  Isle.  493 

1897,  and  that  was  a  small  one,  a  few  hundred  birds  in  all.  The  Pec- 
toral Sandpiper  was  practically  not  represented  in  the  migrations  of 
1900,  but  the  following  year  it  was  found  in  small  numbers.  The 
White-rumped  and  Stilt  Sandpipers,  the  Knot,  Red-breasted  Snipe, 
Hudsonian  Curlew,  and  Northern  Phalarope  ought,  in  my  judgment, 
to  occur  here  regularly,  but  certain  it  is  that  we  get  very  few  shore- 
birds,  other  than  Yellow-legs  (both  species),  Semipalmated  Plover, 
Killdeer,  Least  and  Semipalmated  Sandpipers,  Sanderlings,  and  an 
occasional  Black-bellied  and  Golden  Plover.  I  hope  that  the  decrease 
apparent  in  water-birds  of  nearly  all  kinds  merely  means  that  they  are 
migrating  by  safer  routes,  but  I  fear  that  what  I  have  noted  at  Erie  is 
but  a  fair  sample  of  what  has  been  observed  throughout  the  country.'* 

Two  hundred  and  thirty-seven  species  of  birds  have  been  recorded 
from  the  region  of  which  this  paper  treats  —  a  larger  number  than  have 
been  observed  in  any  other  area  of  similar  size  in  the  western  part  of 
Pennsylvania,  and  the  list  is  still  obviously  far  from  complete.  More- 
over, it  is  evident  that  further  observations  would  add  largely  to  the 
notes  on  the  seasonal  occurrence  and  abundance  of  many  of  the  less 
common  species.  Considerable  difficulty  has  been  encountered  in 
attempting  to  classify  the  various  components  of  the  avifauna  according 
to  their  seasonal  status,  as  in  some  cases  such  is  uncertain  or  indeter- 
minate, and  the  lists  that  follow  must  be  regarded  as  provisional  only, 
and  subject  to  modification  in  the  future. 

Eighteen  species  are  to  be  classed  as  permanent  residents,  two  of 
them  doubtfully,  as  their  occurrence  throughout  the  year  is  inferred 
rather  than  known.     They  are  : 

CoUniis  virginianuSy  ?  Centurus  caro/inus, 

Bonasa  umbellus,  Otocoris  alpesiris  praticola^ 
Nyctalops  wilsonianus,  Cyauocitta  cristata, 

Syrnium  van'um,  Astragalinus  trisiis^ 
Cryptoglaux  acadtca,  Melospiza  cinerea  melodia^ 

Otiis  asioy  ?  Cardinalis  cardinalis, 
Asia  magellanicus  virginianus^  Ampclis  cedrorum^ 

Dryobai^s  viiiosuSy  Sitta  carolinensis^ 
Dryobates  pubescens  mtdianitSy  Parus  atricapillus. 

Eighty-eight  species  may  be  placed  in  the  list  of  summer  residents, 
and  doubtless  some  listed  as  transients  belong  here  also,  as  the  locality 
is  well  within  their  known  breeding  range.     On  the  other  hand  there 


494 


Annals  of  the  Carnegie  Museum. 


are  a  number,  preceded  by  an  asterisk  in  the  subjoined  list,  which 
are  far  more  common  and  characteristic  during  the  migrations  than  in 
the  breeding  season.  Such  species  as  occur  occasionally  in  winter  are 
marked  with  a  dagger,  while  several,  as  to  whose  breeding  here  there  is 
still  some  doubt,  are  appropriately  designated.     They  are : 


*  Merganser  serrator^ 
Aix  sponsay 
Boiaurus  leniiginosusy 
Ardetta  exilis^ 
Butorides  tnrescens^ 

?  Nycticomx    nycticarax    navius, 

*  Rallus  virginianusy 
Porzana  Carolina^ 
Philohela  minora 

*  Gallinago  deUcata^ 

*  Hehdrmnas  soHtariuSy 
Bartramia  longicauda, 
Actitis  maculariay 
Oxyechus  vociferusy 
ABgialitis  mehda  circumcinctaj 

?  Ectopistes  migratoriusy 
t  Zenaidura  macraura^ 

Circus  hudsoniuSy 
?  Accipiter  veloXy 
?  Accipiter  cooperii, 

Buteo  borealisy 

Buteo  lineatus, 
?  Buteo  piatypteniSy 

Jfaliceetus  leucocephalus^ 

Falco  sparveriusy 

Coccyzus  americanus, 

Coccyzus  erythrophthalmus, 
f  Ceryle  aicyon, 
f  Melanerpes  erythrocephalus, 
f  Colaptes  auratus, 

Atitrostomus  voci/erus, 

Chord  dies  Virginia  nus, 

Cli(P.tiira  pelagica^ 

Trochilus  coluhris^ 


lyrannus  tyrannuSy 

Myiarchus  crinitusy 

Say  amis  phaebe^ 

Horizopus  virensy 

EmpidancM  virescensy 

Empidonctx  minimus y 
t  Corvus  brachyrhynchoSy 

Dolichonyx  oryzivoruSy 

Mohthrus  atery 

Ageiaius  phasniceusy 
f  Sturneila  magnay 

Icterus  spuriusy 

Icterus  galbulay 

Quiscalus  quiscula  emeus y 

Carpodacus  purpureuSy 

Pooecetes  gramineuSy 
?  Pcuserculus   sandwichensis  sav^ 
annay 

Coturniculus    savannarum  pas- 
serinuSf 

Spizella  sociaiis, 

Spizella  pusilla^ 

Melospiza  georgiana, 

Pipilo  erythrophthalmuSy  ' 

Zamelodia  iudoviciana, 

Cyanospiza  cyanea, 

Spiza  americana, 

Piranga  erythromeias, 

Progne  subis^ 

Petrochelidofi  lunifrons^ 

Hirundo  erythrogaster, 
*  Iridoproctie  bico/or, 

Riparia  riparia, 
?  Stelgidopteryx  serripetniisy 


Todd  :    Birds  of  Erie  and  Presque  Isle. 


495 


Lanius  ludovicianus  migrans, 
Vireo  oiivaceus, 
Vireo  gilvus, 
Vireo  jiavifrons, 
Mniotilta  varia, 
Compsothlypis  americatm, 
Dendroica  asiiva, 
Dendroica  pensylvanica, 
Seiurus  aurocapil/us, 
Geothlypis  trichas  brachidactyla, 
Icteria  virens. 


JVilsonia  mitrata, 
Setophaga  ruticilla, 
Galeoscoptes  carolinensis, 
Toxostoma  rufum^ 
Troglodytes  a'edofi, 

?  Cistothorus  steilaris, 
Telmatodytes  palustrisy 
Hylocichla  mustelina, 
Hylocichla  fuscescens, 

f  Merula  migratoria, 
Si  alia  si  a  lis. 


The  winter  visitants  number  at  least  twenty-five  species,  some  (*)  of 
which,  however,  are  much  more  numerous  during  the  season  of  migra- 
tion, while  others  (f)  have  not  yet  been  actually  found  throughout  the 
entire  cold  season,  although  their  occurrence  is  in  every  way  probable. 
They  are  as  follows  : 


Larus  argentatus, 

*  Aythya  vallisneria, 

*  Fuligula  mar i la, 
Clangula  clangula  americana, 
Oidemia  deglandi, 
Oidemia  perspicilla/a, 

f  Accipiter  atricapillus, 

f  Archibuteo  lagopus  sancti-johan- 
nis, 

f  Scotiaptex  nehulosa, 
Nye  tea  nyetea, 
Otocoris  alpestriSj 
Hesperiphona  vespertina, 


Pinieola  emieleator  leueitra, 

Loxia  leueoptera, 

Acanthis  linaria, 
t  Acanthis  litiaria  rostrata, 
t  SpifJNs  pinus, 

Passerina  nivalis, 

*  Calcarius  lapponicus, 
Spizella  montieola, 

^Junco  hyemalis, 
Lanius  borealis, 
f  Dendroica  coronal  a, 

*  Olhiorchilus  hi  em  a  lis, 
t  Regulus  satrapa. 


This  gives  a  total  of  one  hundred  and  six  species  for  the  breeding 
season  and  forty-three  for  the  winter.  To  these  are  to  be  added  ninety- 
five  species  best  classed  as  transient  visitants,  although  some  of  them, 
indicated  by  an  asterisk,  possibly  breed  occasionally,  while  others, 
marked  by  a  dagger,  are  apt  to  occur  in  the  winter  season  also. 

f  Colymbus  holboellii,  Gavia  lumme, 

f  Colymbus  auritus,  Larus  delawarensis, 

Podilymbus  podiceps,  f  L arus  Philadelphia , 

Gavia  imber,  Sterna  caspia. 


Ansals  of  the  Carjjegie  Museum 


Sterna  kiruiulo, 
Hydroehttiiiott    nigra    sun 

Phalaer&carax  dilephus. 
Merganser  amtrieanus, 
LoPhoiiytes  cucaUatus, 

*jinas  hosehas, 

\  Anas  ahscura, 
CkauMasmits  streferus, 
Afar  tea  airurieaHa, 
Nettiun  camlinensis, 
Qutrqutdula  diuars, 
Spahila  clypeala, 
Dafila  acuta, 

^Aythya  amerUana, 

t  Fuliguta  affinis, 
Fuligula  cuilaris, 
Charitonetta  albrola, 

+  Hurtlda  hyemaits, 

\  Oiiirmia  americana, 
Erismatura  jamaUfHtis, 
Branla  (anaiienm, 
0/er  (gtiimhiamis, 
Ant  fa  hrriuliai. 
Rill  Ills  elfgans, 
Porzana  aovedoracensts, 
Gallinula  galeata, 
Fulica  amerUana, 
Crymophilus  fulicarius, 
Phalaropus  lobatus, 
Slegatwpus  tricolor, 
Macrorhamphus  griseus, 
Micropalama  himaiitopus, 
Tringa  eanutus, 
Arqiiatflla  maritiina, 
Actodromas  mac u lata, 
AdodriDiias  fuscicollis, 
Adinlromits  bairdii, 
Attodromas  miuutilla. 


Pftidaa  alpina  takhalina, 
Ereunttes  pinillus, 
Calidris  armaria, 
Ti'lanus  melawleucus, 
Totanus  fiavipts, 
Numenius  hudsimtcus, 
Numotius  harealis, 
Squatarola  siiiiatarola, 
Cliaradrius  dominirus, 
.Egiaiitis  iemipalmala, 
ArfHoria  morinella, 
Eak<i  (olumharius, 

*  Pandipn  /laliaetui  <aroUnensii, 

*  Nyctalops  ateipitrinus, 
Sphyrafntut  varius, 
NuttaUernis  bortalis, 
Empidfinax  ftavivinlrit, 
Empidiiaax  traillii  aluarttin, 
Euphaguji  earolinus, 
Ammodramus  tulsoni, 
HoHOtrichia  leucophrys, 
Zi^notrichia  albicelHs, 
Patserflla  iliaea, 

Vireo  phihuttlpluLi,^. 

Vireo  solit.uti,^. 
HefmiHlhaphiia  rudrtcapiiia, 
Helminthophila  celata, 
Helminthaphila  peregrina, 
Dfitdroica  tigrina, 
Dendroica  cifruUscens, 

*  Dendroica  maculosa, 
Dendroica  casta rtea, 
Dendroica  striata, 
Dendroica  Nackburnia, 

*  Dendroica  virens, 
Dendroica  vigorsri, 
Dendroica  palmariim, 

Gcothlypis  agilis. 


Todd  ;    Birds  of  Erie  and  Presque  Isle,  497 

Geothlypis  Philadelphia y  Sitta  canadensis, 

Wilsonia  pusilla,  Regulus  calendula, 

IVilsonia  canadensis,  Hylocichla  alicice, 

Anthus  pensilvanicus,  Hylocichla   ustulata  s^vainsonii, 

f  Certhia  familiaris    americana,  Hylocichla  guttata  pallasii. 

There  remain  eleven  species  which  it  is  perhaps  best,  on  the  whole, 
to  assign  to  the  class  of  accidental  visitants,  at  least  for  the  present : 

Uria  lomvia,  Connis  corax  principalis, 

Stercorarius  parasiticus,  Xanthocephalus  xanthocephalus, 

Rissa  tridactyla,  Thryothorus  ludovicianus, 

Pelecanus  erythrorhynchos,  Bceolophus  bicolor, 

Somateria  spectahilis,  Polioptila  ccerulea. 
Symphemia  semipalmata. 

Among  the  one  hundred  and  six  species  known  or  believed  to  breed 
in  this  locality  there  are  none  strictly  referable  to  the  Canadian  Fauna, 
and  but  seven,  Centurus  carolimis,  Empidonax  virescens,  Cardinalis 
cardinalis,  Spiza  americana,  Stelgidopteryx  serripennis,  Icteria  virens, 
and  Wilsonia  mitrata,  which  are  Carolinian  in  their  faunal  affinities, 
and  it  is  to  be  further  noted  that  of  these  only  two,  Empidonax 
virescens  and  Wilsonia  mitrata,  appear  to  be  at  all  common  and  regu- 
lar during  the  breeding  season.  With  these  exceptions  the  species 
which  are  of  value  in  predicating  the  faunal  position  of  the  locality  are 
all  more  or  less  characteristic  of  the  Alleghanian  Fauna,  either  in  their 
northward  or  southward  dispersion  in  the  breeding  season.  The  local 
species  which  in  their  breeding  range  to  the  southward  are  limited  to 
the  Alleghanian  Fauna  are  Merganser  scrrator,  Rallus  virginianus, 
Porzana  Carolina,  jEgialitis  meloda  circumcincta,  Empidonax  minimus, 
Dolichonyx  oryzivorus,  Carpodacus  purpureus,  Passerculus  sand- 
wichensis  savanna,  Melospiza  georgiana,  Zamelodia  ludoviciana,  Irid- 
oprocne  bicolor,  Dendroica  pensylvanica,  and  Hylocichla  fuscescens. 
The  region  under  consideration  may  safely  be  considered  as  included 
within  the  Alleghanian  Fauna,  although  with  a  slight  admixture  of  the 
Carolinian  element.  It  is  to  be  regretted  that  a  more  extended  study 
has  not  been  made  of  the  birds  of  the  lake  shore  plain,  as  it  would  be 
interesting  to  know  to  what  extent  and  why  its  avifauna  differs  from 
that  of  the  north  shore  of  Lake  Erie,  which  is  considered  to  be  Caro- 
linian in  character  throughout,  and  to  carry  that  life-zone  into  western 
New  York. 


498  Annals  of  the  Carnegie  Museum. 

The  area  covered  by  the  -present  paper  comprises^  besides  llie 
Peninsula  and  Presque  Isle  Bay,  the  lake  shore  plain  and  its  aivixons 
within  about  four  miles  of  the  city  of  Erie.  For  the  sake  of  complete- 
ness a  few  notes  referring  to  other  (Pennsylvania)  localities  on  the 
lake  have  been  included,  as  specifically  stated  under  the  head  of  the 
various  species  involved. 

List  of  Species. 

1.  dflymtms  holbfldlll.    Holbcell's  Grebe  ;  Red-Necked  Grebe. 

A  transient  visitant,  possibly  also  a  winter  resident,  apparently  of 
rare  occurrence.  A  single  female  was  shot  November  17,  1900,  in  the 
channel  near  the  Life-saving  Station,  and  kindly  presented  to  us  by 
Mr.  Frank  Claus.  In  this  specimen  the  red  area  of  the  throat  was 
plainly  indicated,  the  color  being  obscured  by  white — the  mark  of  an 
adult  bird.  On  November  26  a  second  specimen  was  secured  by  Mr. 
Claus,  and  on  October  27, 1901,  one  was  shot  by  a  local  gunner,  both 
of  which  were  immature  birds,  and  are  now  in  the  Carnegie  Museum. 
The  most  recent  record  refers  to  a  pair  taken  February  13,  1904,  at 
the  mouth  of  Mill  Creek,  which  specimens  are  also  preserved  in  the 
Carnegie  Museum. 

2.  Coljanbns  anritiis.    Horned  Grebe. 

A  regular  migrant,  quite  common  in  the  spring,  and  fairly  abundant 
in  the  fall.  At  the  former  season  (in  1900)  it  was  first  recorded  on 
March  27,  and  none  were  noted  after  April  17.  As  a  rule  it  was 
found  in  small  parties,  although  on  one  occasion  (April  2)  a  compact 
flock  of  a  dozen  was  observed,  which  took  wing  upon  pursuit  in  prefer- 
ence to  attempting  escape  by  diving,  as  is  usual.  Male  specimens 
secured  near  the  time  of  the  vernal  departure  of  the  species  were  in 
almost  perfect  breeding  dress,  but  those  taken  earlier  in  the  season 
showed  a  considerable  admixture  of  the  light-colored  feathers  of  the 
winter  plumage.  In  the  fall  the  earliest  record  was  for  October  23, 
when  a  small  number  were  observed  on  the  main  lake,  and  from  this 
time  until  our  departure  it  was  noted  almost  daily,  occasionally  off 
the  outside  beach,  but  most  frequently  on  Erie  Bay,  and  particularly 
Misery  Bay,  the  sheltered  situation  of  which  offered  peculiar  attrac- 
tions. There  were  days  in  November  when  from  ten  to  twenty  indi- 
viduals could  be  counted  at  once,  although  they  never  drew  together 
into  a  compact  flock,  and  in  their  movements  when  feeding  or  when 
pursued  seemed  to  be  entirely  independent  of  one  another.      At  this 


Todd:    Birds  of  Erie  and  Presque  Isle.  499 

time  of  the  year  the  birds  were  by  no  means  shy,  and  were  easily 
approached.  Specimens  in  Mr.  Sennett*s  collection  taken  October 
22,  1875,  ^^^  October  29,  1889,  tend  to  confirm  the  date  of  arrival 
recorded  by  us  in  1900.  Regarding  its  time  of  departure,  Mr,  Bacon 
states  that  it  remains  until  the  bay  freezes  over  (December  8,  189^  ; 
December  9,  1900),  but  ordinarily  does  not  winter.  One  specimen 
shot  January  10,  1901,  and  an  emaciated  specimen  captured  near  a 
farmhouse,  February  6,  1904,  constitute  exceptional  records.  The 
latest  date  in  the  spring  migration  appears  to  be  April  24,  1902,  when 
the  species  was  recorded  by  Mr.  Simpson.  In  former  years  it  may  even 
have  bred  in  this  locality,  as  it  is  known  to  do  now  at  the  St.  Clair 
Flats,  and  formerly  in  northern  Ohio,  as  recorded  by  Audubon  (  Or- 
nithological Biography^  III.,  1835,  431)  and  Dr.  F.  W.  Langdon 
(^Journal  Cincinnati  Society  of  Natural  History^  III.,  1880,  230). 

3.    Podilymbus  podiceps.     Pied-billed  Grebe. 

The  present  species,  like  the  last,  occurs  only  as  a  migrant  in  the 
spring  and  fall.  Although  reported  to  be  regular  in  its  appearance  at 
the  former  season,  it  was  apparently  not  common  in  the  spring  of 
1900,  having  been  noted  on  but  three  occasions  —  April  16,  when  a 
flock  of  ^vt.  was  seen  in  Big  Pond,  two  of  which  were  secured ;  April 
17,  when  a  few  more  were  observed  in  the  same  pond ;  and  April  23, 
when  a  single  specimen  was  shot,  also  at  the  same  place.  Although 
the  conditions  are  seemingly  as  favorable  for  the  species  nesting  here  as 
at  other  points  along  the  shore  of  Lake  Erie  ((/.  I^ngdon,  Journal 
Cincinnati  Society  of  Natural  History^  III.,  1880,  231),  diligent  and 
repeated  search  in  May  failed  to  disclose  the  presence  of  even  a  single 
individual,  nor  has  Mr.  Bacon  ever  found  it  in  the  breeding  season. 
However,  he  notes  that  it  is  among  the  first  of  the  waterfowl  to  arrive 
in  the  fall,  coming  in  August  (August  26,  1892;  August  8,  1903). 
In  1900  it  was  recorded  in  the  fall  migration  as  early  as  August  27, 
and  may  have  been  present  previous  to  that  date.  A  bird  secured 
September  4  was  in  full  summer  plumage,  but  all  others  taken  at  this 
season  were  in  winter  or  immature  dress.  The  species  seemed  to  in- 
crease in  numbers  up  to  the  last  week  in  September,  when  it  was  exceed- 
ingly abundant,  not  only  in  the  various  ponds,  but  also  on  the  shallow 
parts  of  the  bay,  wherever  there  was  an  abundant  growth  of  aquatic 
plants.  While  numbers  were  often  seen  together,  it  would  appear  that 
their  association  was  the  result  of  a  common  interest  rather  than  of 


600  Anxals  iir  niK  CA8NK<iiF  Miskl'm. 

a  truly  gregarious  dis|M>sUion.  I'nlikc  the  Komcd  Grebe,  none  were 
ite«n  on  the  main  l«ke,  while  on  the  othiT  hanij  none  of  that  species 
were  round  in  the  pondb.  At  this  lime  the  birds  were  by  no  means 
shy.  Olid  being  so  cunslantly  in  evidence  were  the  source  of  some 
trouble  to  the  ol^icrvcr  looking  for  other  species  A  decrease  in  their 
niimtK-rx  wax  nolicciible  through  (litotwr.  Incoming  more  marked  as 
the  Homed  CtcIk:  iQt:ri>a£cd  in  abundance,  while  the  last  record  was 
made  on  November  14,  although  the  probabililicH  favor  a  Mimewfaat 
later  date  as  the  actual  time  of  final  departure. 

4.  G«Tla  tmber.    I^dn. 

"  A  few  of  these  birds  are  seen  on  the  ttay  every  spring  and  fall, 
but  they  are  never  common.  1  olHierved  one  individual  a&  late  as 
May  31  ( 1896),  while  September  15  (189.))  i^niy  earliest  fall  record  " 
(Bairon).  Mr.  Simpnon  reiKiri.i  the  ^{leiiesajs  having  been  observed 
in  April  and  November  of  1903  and  1903.  and  DOtes  that  a  specimen, 
still  in  winter  plumage,  was  shot  at  Crytilal  Point  on  April  35, 
1901.  l-'iiriously  enough,  no  I«ons  were  seen  in  the  s])ring  of  1900 
until  May  4,  when  two  individual  were  observed  tlyiiig  over  the  Iiay 
together.  In  the  fall  the  species  W3&  more  numerous,  arriving  Octo- 
ber 6,  and  was  noted  at  intervals  during  that  month  and  the  next, 
nngle  liirda  being  recorded  from  the  \ay  or  lake.  On  November  1  j 
a  gunner  jiicked  up  u  I.oan  on  the  shore  of  Misery  Bay  neur  our  house- 
boat, and  brought  it  to  in  alive.  It  was  practically  helplew  on  the 
flat  surface,  but  ijuiie  vicious,  niriking  savagely  with  it.i  jjowerful  I>cak 
when  leased,  and  uttering  its  peculiar  reverberating  i  ry.  li|>on  skinning 
ti  pioted  to  have  Ihtu  wuundcd  and  partially  disiablcd.  The  last 
reconl  was  made  on  \o>cml>er  t8.  when  00c  was  seen  on  Miwry  llay 
off  Crystal  Poioi,  and  watched  for  some  lime  while  feeding.  It  doubt- 
lent  remain*  as  long  as  there  is  iipen  water  in  the  bay.  (Occasional Ijr 
ooc  is  raugbl  in  the  (uhemicn'B  nets.  A  fine  specimen  in  the  Car- 
negie Ikluscum,  dated  .\pril  95,  190J,  was  taken  in  this  way. 

Oiim  I7  Mr.  I.)«d*  Jams  ( A/r/i  •/  Oiit,  Kjoi.  V6j  s>  s  num\  nintrt  vMior  In 
(>hlD,  -hcrc.nuintwrDfiprcimmshsvrhn-niakdi  sincF  thai  rn'..r.tr.l  tiy  l>r.  1.  M. 
Whnlon,    which    wu  nplumi   nnr   KclWs  Maud  in-t.-;i.l  ..l"  ..n   Ssn.lu-ky   Hjv. 

5.  Gavia  lumme.     Rm-iUKuxinj  l,m.N. 

Although  Dr.  Warren  si.iics  .  /linh  ./  /V','i<i/::i>ii.i.  1.S90.  .S  1.  pre- 
sumably on  Mr,  Stnneli\auihorn>.  thai  •■  ibi>  bird  j^ottiii  nut  «iih. 


Todd  :    Birds  of  Erie  and  Presque  Isle.  501 

especially  late  in  the  autumn,"  at  Erie,  the  evidence  so  far  at  hand 
does  not  admit  of  such  a  general  statement  as  regards  its  abundance. 
It  is  to  be  clsssed  as  a  transient  visitant,  of  casual  occurrence  in  the 
fall  and  early  spring.  In  1900  two  specimens  in  immature  dress  were 
secured  from  local  gunners,  both  shot  on  Erie  Bay,  on  October  23  and 
November  19,  respectively.  A  little  later,  on  November  28,  a  third 
specimen  was  captured  on  the  bay  by  a  gunner.  On  February  16, 
1904,  three  were  shot  in  the  channel  at  the  Life-saving  Station,  and  a 
single  bird  was  killed  at  the  docks  on  February  25  also,  all  but  one 
of  which  are  now  in  the  Carnegie  Museum.  These  seven  examples 
are  all  that  are  certainly  know^n  from  this  locality. 

6.  Una  lomvia.     BrCnnich's  Murre. 

The  month  of  December,  1896,  was  memorable  for  the  appearance 
of  this  maritime  species  at  many  points  far  inland,  as  far  west  as 
Michigan  and  Indiana.  The  flight  seems  to  have  followed  the  basin 
of  the  Great  Lakes,  along  which  there  are  numerous  records.  Thus, 
specimens  have  been  recorded  from  near  Sandusky  and  Painesville, 
Ohio  (Butler,  Auk,  XIV.,  1897,  197-198;  /V/.,  Birds  of  Ituiiana, 
1897,  566),  taken  December  19.  With  these  occurrences  the  Erie 
records,  here  published  for  the  first  time,  are  in  close  accord.  Mr. 
Bacon  states  that  several  were  shot  on  the  bay  in  December,  1896, 
and  although  he  quotes  no  dates,  the  time  of  their  capture  is  fairly 
well  indicated  by  a  specimen  (labeled  a  female)  in  Mr.  James  Thomp- 
son's possession  that  is  marked  *'  December  18,  1896,"  by  the  party 
who  mounted  it.  At  least  one  other  specimen  from  this  fli.ht  was 
mounted  by  a  local  taxidermist,  which  bird  is  now  in  the  Carnegie 
Museum.  The  species  was  not  met  with  again  until  November  20, 
1899,  when  a  single  bird  was  killed  on  the  bay  by  a  gunner,  this 
specimen  also  eventually  coming  to  the  Carnegie  Museum.  In  1900 
specimens  were  taken  by  gunners  on  November  27  and  December  2, 
from  which  flight  two  specimens  are  known  to  have  been  preserved, 
one  now  in  Mr.  Bacon's  collection,  and  the  other  in  that  of  the  Car- 
negie Museum.  All  the  gunners  who  have  met  with  birds  of  this 
species  agree  in  stating  that  they  were  easily  approached  and  killed. 

[Stfrcorarius  pomarinus.     Pomarine  Jaeger. 

Of  casual  occurrence  on  I^ke  Erie,  there  being  records  for  Cleveland  (WTieaton, 
Birds  of  Ohioy  1 882,  546),  Sandusky  (Cook,  Birds  of  Michigan^  ^893,  27),  and 
Lx)rain  (Jones,  Birds  of  Ohio,  1903,  27).] 


V    ■■■,*^;-;;J 


5<^  Annals  of  the  Carnegie  Museum. 

7.  Stercorariiis  pansitictis.    Parasitic  Jaeger. 

An  accidental  visitant,  of  whose  occurrence  there  is  but  one  andientic 
record.  This  depends  upon  a  specimen  in  Mr.  Sennett's  coUecdon 
taken  at  the  head  of  Erie  Bay,  October  15, 18749  by  Mr.  Merrick  Low. 
Mr.  Sennett's  catalogue  notes  with  reference  to  this  specimen :  "  Bird 
very  poor  and  quite  exhausted.  Ncme  ever  noticed  there  before.'* 
Of  interest  in  this  connection  there  may  be  noted  a  few  more  recent 
records,  from  Lorain  and  Sandusky  Bay,  Ohio  (Jones,  Birds  of  Ohia^ 
1903,  27  ;  Comstock,  At^^  XIII./  1896,  171). 

8.  Rissa  tridactyla.    Kittiwake  Gull. 

Mr.  Worthington,  who  is  very  fiuniliar  with  this  species  elsewhere, 
saw  and  positively  identified  a  single  individual  off  the  outside  beach 
on  October  17^  1900,  but  was  unable  to  secure  it.  Dr.  J.  M.  Wheaton 
states  {Birds  of  Ohio^  1882,  550)  that  it  is  a  ''Very  rare  or  acci- 
dental winter  visitor  on  Lake  Erie.  Mr.  Winslow  notes  the  occur- 
rence of  three  specimens  in  Cleveland  harbor  many  years  since. ' ' 
Future  investigation,  however,  may  perhaps  show  that  this  species  is  at 
least  sparingly  represented  every  winter  on  the  lake,  as  indicated  in 
the  A.  O.  U.  Check-List :  ''  south  in  eastern  North  America  in  winter 
to  the  Great  Lakes. " 

[Lotus  glaucus.    Glaucous  Gull. 

This  large  gull  b  to  be  looked  for  in  winter.     There  are  records  frokn  the  Niagara 
River  near  Bufialo,  January  29,    1895  (Savage,  Auky  XII.,  1895,  3'2)>  ^'^^  froin 
Indiana  (Butler,  Birds  of  Indiana  ^  1897,  570)  and  Michigan  (Cook,  Birds  of  Michi- 
gan, 1893,  27.) 
Larus  leucopterus.     ICELAND  GuLL. 

Another  northern  species,  the  casual  occurrence  of  which  in  the  winter  may  be  ex- 
pected, judging  from  the  number  of  extralimital  records.  Dr.  J.  M.  WTieaton  (Birds 
of  Ohio,  1882,  547 )»  gives  it  as  a  "  Rare  winter  visitor  on  Lake  Erie.  Mr.  Winslow 
states  that  two  or  three  specimens  have  been  taken  in  Cleveland  harbor.'*  Mr.  Lynds 
Jones  mentions  a  specimen  from  Lorain,  December  22,  1888  (Birds  of  Ohio,  1903, 
28).  Mr.  E.  W.  Nelson  (Bulletin  Essex  Institute ,  VIII.,  1876,  145)  considers  it  a 
"regular  and  not  uncommon  winter  resident  on  I>ake  Michigan." 

Larus  marinus.     Great  Black-backed  Gull. 

In  September,  1900,  the  writer  repeatedly  saw  a  single  gull  along  the  outside  beach 
which  is  believed  to  have  been  of  this  species.  It  was  so  wary,  however,  that  in  no 
case  could  it  be  approached  near  enough  to  positively  identify  it.  Moreover,  this  gull 
has  been  described  by  fishermen  as  being  met  with  in  early  winter  far  out  on  the  lake, 
where  the  tugs  go  to  set  the  nets,  and  there  would  seem  to  be  no  reason  to  doubt  the 
identification,  inasmuch  as  there  are  numerous  records  for  such  near-by  localities  as 
liuffalo  (Savage,  Auk^  XII.,  1 895,  31 2),  and  Cleveland  (Wheaton,  Birds  of  Ohio, 
1882,  547).] 


Todd  :    Birds  of  Erie  and  Presque  Isle.  503 

9.  Larus  argentatus.     Herring  Gull. 

This  gull  is  a  regular  winter  resident  in  the  vicinity  of  Erie,  and  it 
is  certainly  an  abundant  species  during  the  migrations.     A  flock  of  a 
dozen  individuals  was  observed  March  21,  1900,  at  the  mouth  of  Mill 
Creek,  feeding  in  the  only  open  water  at  that  time  on  the  bay.     Before 
the  end  of  the  month  their  numbers  had  largely  increased,  but  through 
April  gradually  diminished,  although  the  last  individual  to  be  recorded 
was  noted  as  late  as  May  12.     At  this  season  the  species  was  usually 
found  in  scattered  companies,  rarely  exceeding  a  dozen  individuals, 
feeding  in  the  waters  of  the  bay  or  resting  on  the  edge  of  the  ice.     A 
large  proportion  of  the  birds  occurring  early  in  the  spring  were  adults, 
but  with  the  advance  of  the  season  these  became  scarcer  and  scarcer, 
and  all  the  later  records  were  of  gray  birds.     There  is  a  specimen  in 
Mr.  Sennett's  collection  taken  as  late  as  May  16,  1875,  ^"^  ^^-  ^acon 
states  that  he  has  often  seen  them  on  the  open  lake  in  summer,  although 
they  seem  never  to  frequent  the  harbor  at  that  season.     He  is  inclined 
to  think  that  they  may  breed  on  the  Canadian  shore  of  Lake  Erie,  but 
while  such  may  have  been  the  case  many  years  ago,  there  would  seem 
to  be  no  recent  records  to  justify  such  a  supposition.     The  probabilities 
are  that  the  birds  seen  in  summer  are  non-breeding  and  immature  indi- 
viduals, which  have  failed  to  follow  the  bulk  of  the  species  to  their  usual 
nesting-grounds.      In  the  fall  of  1900  a  single  bird  was  seen  on  August 
22,  and  what  was  presumably  the  same  individual  was  noted  at  inter- 
vals up  to  September  6.     The  following  day  three  were  seen,  and  on 
September  12,  after  a  stormy  night,  the  species  had  become  abundant, 
and  so  remained  until  the  date  of  our  departure  in  November.      Both 
young  and  old  appeared  together  at  this  time,  when  the  former  far 
outnumbered  the  latter.     Although  commonly  found  on  the  bay,  im- 
mense flocks  frequented  the  open  lake  as  well,  standing  in  more  or 
less  close  order  on  the  sandy  outside  shore,  flying  out  to  alight  on  the 
water  when  disturbed.     They  were  at  all  times  shy,  but  once  or  twice, 
during  heavy  storms,  it  became  possible  to  approach  within  gunshot. 
They  were  accustomed  to  follow  in  the  wake  of  the  numerous  fishing 
tugs  as  they  came  into  the  harbor  with  their  catch  of  fish,  ready  to 
pick  up  what  was  thrown  overboard.      None  were  ever  seen  in  the 
ponds,  although  often  they  were  observed  soaring  high  over  the  Penin- 
sula, on  their  way  between  the  bay  and  lake.      Mr.  Bacon's  experience 
has  been  much  the  same.      He  states  that  on  April  25  and  26,  1901, 
he  noted  a  pair  about  a  pond  in  the  fields,  and  has  once  or  twice  in 


804  Annals  of  thr  Carnegie  Musel'm. 

the  spring  seen  several  high  in  the  air,  flying  over  the  mainland  toM-ards 
the  lake,  evidently  migrating  ;  otherwise  he  has  never  oLserved  iheui 
away  from  the  lake  and  bay.  In  a  series  of  ten  specimens  secured 
during  the  spring  and  fall  of  1900  only  one  was  in  fully  adult  plumage. 

10.  Larus  delawarensis.     Ringuilled  Gull. 

The  Ring -liilled  Gull  may  occur  through  the  winter,  but  it  was  re- 
corded by  us  as  a  migrant  only,  not  noticed  in  ihe  spring,  but  moderately  I 
common  in  the  fall,  from  October  17  until  November  15.  Scattering 
individuals  were  fre^juently  noticed  on  both  Lake  Erie  and  Misery  Bay, 
sometimes  alone,  but  more  often  associated  with  Herring  or  Bona|>arte*9 
Gulls.  They  were  not  particularly  shy,  and  on  November  4,  when  they 
were  especially  abundant,  kept  Hying  over  our  duck  decoys  and  near 
the  blinds  with  utter  fearlessness.  It  so  happened,  however,  that  no 
specimens  were  secured.  Mr.  Bacon  seems  not  to  have  met  widi  this 
bird  in  life,  Imt  Mr.  Simpson  contributes  the  following  notes:  "On 
April  z6,  igo2,  during  a  terrific  northwest  blow  that  brought  on  an  im- 
mense flight  of  Bonaparte's  Gulls,  two  birds  of  this  species  [the  Ring- 
billed  Gull]  were  noted  off  Crystal  Point,  one  of  which  I  was  so  fortunate 
as  to  secure.  From  November  17  to  23,  1902,  this  gull,  together  with 
the  Herring  and  Bonaparte's  Gulls  was  quile  common  ofT  the  outside 
beach  during  the  strong  east  winds  which  prevailed  at  that  lime,  and  by 
persistent  eflbrt  I  was  able  to  secure  six  specimens,  all  in  the  spotted 
plumage  of  the  imnialure  bird.  Two  adults  were  noted,  one  of  which 
was  wounded  off  Crystal  Point,  but  not  secured.  Again,  on  Novem- 
ber 24,  1903,  a  few  of  this  species  were  seen,  associated  with  the  Her- 
ring Gulls."  Twoof  the  specimens  alluded  to  above,  taken  respectively 
on  November  iz  and  23,  1902,  are  now  in  the  Carnegie  Museum. 

11.  Lams  Philadelphia.     Bonaparte's  Gull. 

This  species  occurs  as  a  common  transient  in  spring  and  fall,  being 
most  numerous  at  the  former  season,  according  to  the  testimony  at  hand. 
Our  experience  with  this  gull  in  the  spring  of  1900  was  that  it  was  usually 
found  in  loose  flocks  of  from  twenty  to  a  hundred  individuals,  coursing 
up  and  down  ihe  bay,  feeding,  or  occasionally  on  the  outside  beach, 
resting  on  a  sand-bar.  However,  on  the  few  com ])a rati  vely  calm  days 
during  the  season  more  or  less  comjiact  flocks  were  met  with  resting  on 
the  smooth  water,  their  light  color  rendering  them  conspicuous  at  a  long 
distance.  At  such  times  it  was  difficult  or  impos,sible  to  approach 
within  range,  and  far  better  chances  of  securing  specimens  were  afforded 


Todd  :    Birds  of  Erie  and  Presque  Isle.  505 

by  remaining  quietly  in  the  boat  as  the  birds  came  by  on  their  course 
and  picking  off  such  as  ventured  too  close.  A  single  bird  flung  out  as 
a  decoy  would  almost  always  bring  others  within  reach,  and  on  one 
occasion  the  cries  of  a  wounded  bird  brought  an  entire  flock  headed 
en  masse  towards  the  sound.  The  first  individuals  were  seen  on  April 
13,  and  the  following  day  a  large  flock  was  observed.  Practically  all 
of  the  birds  met  with  thus  early  in  the  season  were  in  full  adult  plumage, 
with  the  black  hood  complete,  but  towards  the  latter  part  of  April  and 
during  May  immature  birds  were  almost  exclusively  observed.  The 
last  were  recorded  on  May  12,  but  Mr.  Bacon  has  noted  them  some- 
what later  —  May  15,  1901,  May  25,  1895.  Our  recorded  date  of 
arrival  in  1900,  as  well  as  Mr.  Simpson's  in  1903  (April  13)  may  pos- 
sibly be  a  little  early,  since  Mr.  Bacon's  notes  give  April  26  and  24  as 
the  dates  of  first  appearance  in  1892  and  1894  respectively,  while  there 
is  a  specimen  in  Mr.  Sennett's  collection  taken  April  23,  1875.  Mr. 
Bacon  has  also  recorded  the  species  in  the  fall  movement  as  early  as 
August  13  (1902)  and  20  (1890),  but  he  adds  that  it  does  not  gener- 
ally arrive  until  the  first  week  in  September,  remaining  into  November, 
while  he  has  even  once  or  twice  seen  an  individual  during  the  winter 
months  —  a  statement  borne  out  in  some  measure  by  Dr.  Warren,  who 
says  {Birds  of  Fertnsylvatita,  1890,  16)  that  he  **  observed  a  flock 
of  a  dozen  or  more  of  these  gulls  in  company  with  two  or  three  Her- 
ring Gulls  late  in  the  month  of  December,  1889."  Although  observed 
in  August  by  Mr.  Bacon,  as  above  stated,  and,  although  a  specimen  in 
Mr.  Sennett's  collection  was  taken  as  early  as  September  22  (1875), 
it  was  not  until  October  29  that  we  noted  its  return  in  the  fall  of  1900. 
By  November  i  the  birds  were  common,  being  seen  almost  daily 
thereafter  until  November  17,  and  no  doubt  remaining  still  later. 
'I'hey  were  more  frequently  observed  on  the  main  lake  at  this  season, 
but  were  scarcely  so  abundant  as  in  the  spring. 

[A'ema  sabinii.     Sabine's  Gull. 

"Accidental  in  winter  on  Lake  Erie.  Mr.  Winslow  informs  me  that  he  took  an 
immature  bird  of  this  species  in  Cleveland  harbor  many  years  since."  (Wheaton, 
Birds  of  Ohio,  1882,  552.) 

Gelochelidon  nilotica.     Gull-billed  Tern. 

**  Rare  visitor  in  the  vicinity  of  Cleveland,  where  taken  by  Mr.  Winslow."  (Wheaton, 
Birds  of  Ohio,  1882,  553.)  It  is  recorded  as  breeding  at  the  St.  Clair  Flats  on 
the  authority  of  Mr.  Adolphe  B.  Covert,  and  as  'often  common  on  Lake  Erie'  (in 
Michigan)  on  the  authority  of  Mr.  Jerome  Trombley,   (Cook,  Birds  of  Michigan, 

1893,  29). J 


506  Annals  of  the  Carnegie  Museum. 

12.  Stmiacispia.    Caspian  TkRN. 

This  laige  tern  was  ladier  oommon  during  the  fiill  nugislian  of 
1900,  fioni  Sq>teiiiber  4  until  October  3.     Ahfaough  occaskmalljr  met 
with  by  itsdf,  singlj,  or  in  small  companies^  it  was  more  frequently 
found  aBBoriatfd  with  the  Herring  Gull,  both  on  the  baj  and  lake;,  and 
like  that  species  was  radier  shj.     The  laige  flock  of  gulls  00  tiie out- 
side beach  included  a  numlier  of  Cai^ian  Terns,  which  could  easily  be 
distinguished,  if  adults,  by  tibeir  bright  red  bills.     The  adults  had  a 
haish,  racing  cry,  which  was  very  distinctive,  idiile  the  note  of  tiie 
immature  birds  was  more  musical.      Two  specimens,  an  adult  and 
a  young  one,  were  secured  by  us,  both  on  the  outside  beadi,  and  Mr. 
Simpscm  also  shot  two  birds  <hi  September  17.     There  is  a  sliig^ 
spedmen  (September  15,  1888)  in  Mr.  Sennett*s  collection,  and  Mr. 
Bacon  has  observed  the  species  as  a  r^jvlar  visitant  in  September  and 
October,  although  he  has  never  seen  more  than  ten  or  twdve  in  any 
one  season.     An  immature  bird  taken  October  6,  1892,  and  an  adult 
and  young,  taken  September  21,  1901,  by  Mr.   Bacmi,  are  in  the 
Carnegie  Museum.     The  only  spring  record  appears  to  be  that  of  Mr. 
Simpson,  who  notes  that  ''during  the  terrific  'northwester'  of  April 
26,  1902,  I  saw  three  on  Blisery  Bay  in  the  company  of  Commoa 
Terns  and  Bonaparte's  Gulls." 

\Siema  forsUri.    Forster's  Tern. 

Careful  search  was  made  for  thb  tern  in  the  spring  and  &II  of  1900,  bat  nooe  were 
identified,  although  the  species,  being  more  a  bird  of  the  interior  than  Sterna  hirundoy 
would  naturally  be  expected  to  occur.  The  nearest  locality  (on  the  Great  Lakes) 
from  which  it  is  reported  appears  to  be  the  St.  Clair  Flats,  (Cook,  Birds  of  Michi- 
gan, 1893,  29).] 

13.  Sterna  hirundo.     Common  Tern. 

A  regular  transient,  abundant  in  the  spring,  and  fairly  common  in 
the  fall.  It  has  been  recorded  as  early  in  the  spring  as  April  26 
(1902)  by  Mr.  Simpson,  but  in  1900  we  did  not  meet  with  it  nntil 
May  7,  when  a  few  were  observed  with  the  Bonaparte's  Gulls  on  the 
bay,  and  at  least  fifty  individuals  were  seen  in  a  flock  by  themselves. 
For  about  two  weeks  thereafter  they  were  very  common  indeed,  and  a 
number  were  noted  as  late  as  May  29.  While  the  Bonaparte's  Gulls 
remained  the  terns  were  fre(|uently  found  in  their  company,  and  both 
( ould  be  decoyed  by  throwing  over  a  dead  bird  and  imitating  their 
cry.  When  shot  at  the  terns  presently  mounted  high  in  the  air  above 
their  dead  companions,  while  the  gulls  dispersed  or  passed  on.      Later 


Todd  :    Birds  of  Erie  and  Presque  Isle.  507 

in  the  season  the  terns  were  often  found  scattered  over  the  bay  resting 
by  preference  on  pieces  of  floating  driftwood.  While  there  is  no 
present  intimation  that  this  species  ever  bred  in  the  immediate  vicinity 
of  Erie,  such  may  readily  have  been  the  case  in  former  years,  before 
the  city  had  grown  to  any  size.  Mr.  Bacon  states  that  as  a  rule  none 
are  seen  after  May  25,  although  in  1903  he  saw  a  single  individual 
on  June  15,  and  a  pair  on  June  4,  1904.  The  nearest  point  where 
the  Common  Tern  is  actually  known  to  nest  would  appear  to  be  Big 
Chicken  Island,  off  Put-in-Bay,  Ohio,  where  Mr.  E.  B.  Williamson 
of  Bluffton,  Indiana,  in  a  letter  to  the  writer  dated  February  14, 
1 901,  states  that  he  collected  numerous  sets  of  their  eggs  on  June  30, 
1896.  The  probabilities  are  that  the  terns  found  at  Erie  breed  to  the 
northeast,  on  lake  Ontario  and  the  Saint  lawrence.  For  the  return 
movement  August  8  (1903)  is  the  earliest  recorded  appearance,  but 
this  is  exceptional,  according  to  Mr.  Bacon's  experience.  Thus,  we 
did  not  meet  with  it  in  the  fall  of  1900  until  August  28,  when  a  flock 
of  about  thirty  was  noticed  on  the  bay.  It  was  found  in  greater  or 
less  numbers  from  that  date  until  September  26,  but  no  very  large 
flocks,  such  as  were  met  with  in  the  spring,  were  observed.  At  this 
season  it  frequented  the  main  lake  as  well  as  Erie  Bay,  and  was  often 
found  associated  with  the  Black  Tern  during  the  period  of  abundance 
of  the  latter  species. 

[^S/erna  dougalli.     Roseate  Tern. 

A  maritime  species  of  only  casual  occurrence  in  the  interior.  Dr.  J.  M.  Wheaton 
includes  it  as  a  bird  of  Lake  Erie  in  Ohio  on  the  authority  of  Mr.  Winslow  (  Birds 
of  Ohio,  1882,  562). 

Sterna  antillarum.     Least  Tern. 

*  Certainly  breeds  at  St.  Clair  Flats,'  according  to  Dr.  \V.  C.  Brownell  (Cook, 
Birds  of  Michigan,  1893,  30)»  ^'^^j  '^  so,  it  may  stray  eastward  along  Lake  Erie.] 

14.  Hydrochelidon  nigra  surinamensis.     Black  Tern. 

Dr.  Warren  states  {Birds  of  Pejinsylvania,  1890,  23)  that  **  Dr. 
John  W.  Detwiller  .  .  .  writes  me,  that,  some  years  ago  he  *  procured 
eggs  of  the  Black  Tern  upon  drift-wood  on  Lake  Erie,  near  Erie  city. ' 
...  I  am  not  aware  that  they  are  now  known  to  breed  anywhere  in 
the  neighborhood  of  Erie  county  or  elsewhere  in  our  state. '  *  While  there 
is  nothing  intrinsically  improbable  in  the  breeding  of  the  Black  Tern 
here  in  former  years,  as,  indeed,  it  does  today  (or  at  least  as  recently 
as  1896,  as  the  writer  is  informed  by  Mr.  E.  B.  Williamson),  near  San- 
dusky, Ohio,  it  has  been  shown  that  the  late  Dr.   Detwiller  was  an 


fiOH  Annals  or  riie  Carneuie  Ml'^kum, 

ulterly  unreliable  olwcrver,  nnd  alt  of  hU  published  records  are  this  | 
open  to  doubt.  Dr.  Warren  rocs  on  to  statt  that  "  Mr.  CJeor^  B. 
Sennetl  .  .  .  has  observed  the  Black  'Icm  in  the  vicinity  of  Urie  city 
only  during  the  5|iring  and  rail."  and  to  su[i|iort  this  Malerocni  there 
are  a  [lOir  of  birds  in  Mr.  Scnnclt's  lollcction  taken  September  ij, 
1875.  Thf  only  definite  spTin^  retord  available  refers  to  an  indi- 
vidual in  full  breeding  drcMi  seen  on  the  bay  .^pril  37,  1901,  by  Mr. 
.Sini|iM>n.  .Mr.  Ilaeon  has  never  met  with  the  !i|>e(:ieK  save  in  Seftienf 
ber,  1900,  so  that  in  it<i  occurrence  even  as  a  fall  tramieni  it  woidd 
seem  to  be  irregular,  '['he  writer  found  it  very  common  at  the  St. 
Clair  Mats  and  alon^i;  the  Detroit  River  late  in  August,  1903,  and  it  is 
singular  that  in  itH  miKratiun>  it  should  not  re^^darly  extend  to  the 
ea»livard  alon^'  Ijike  Hrie.  Our  notes  on  its  occurrence  in  1900  arc 
(■ren-nted  herewith.  Several  suoall  flocks  were  Men  on  the  main  lake 
September  12,  after  ihc  most  severe  rtormof  the  season.  On  Septem- 
ber 1 5  two  were  seen  on  the  Itay.  one  of  which  was  secured.  On  the 
evening  of  Septcmlicr  16  the  species  suddenly  became  very  prominent 
on  the  liay  alwiil  Cry.ital  Point,  and  on  the  following  day,  which 
dawned  stormy  and  thtratcning,  with  fre<]ucnt  gusts  of  rain  and  a  strong 
northwest  wind,  it  was  exceedingly  abuntbni,  xwamiing  on  both  the 
bay  and  lake,  lar  outnumberiDg  the  Common  Terns,  which  were  flying 
at  the  same  time.  The  birds  were  |ierfeitly  tame,  ulent,  and  very  fear- 
less, repeatedly  coming  within  a  yard  of  the  observer  in  their  flight. 
They  would  beat  up  ngainst  the  wind  for  a  distance  and  then  drift 
down  before  it.  occasionally  stopping  over  the  water  to  pick  up  food, 
and  on  the  outside  licach  flying  over  the  bind  and  the  jionds  back 
of  the  shore,  without  discrimination.  Individuals  in  the  |)0»tuuptial 
moult,  showing  a  bluk  and  while  sjKilled  plumage,  occurred  with  the 
birds  in  immature  and  full  winter  dress  in  the  proportion  of  al>out  one 
to  one  hundred.  'Ilie  day  after  this  great  flight  com|»ira lively  few 
bird-K  we're  seen,  and  thctc  mainly  ou  Kric  Hay  alone.  Such  were 
almost  aln-ays  mnre  or  lesaf  dotcly  aModated  with  Common  Tcms,  and 
like  them  were  often  laund  resting  CO  pieces  of  floating  driftwood.  The 
last  was  recorded  Septemtier  14. 
15.  Phalacrocoraz  dllophus.     Dkiim  t'aK(<-nt<  Cokmok.wi. 

The  notes  on  thi>  species  would  indi.jiic  ihai  it  o- .  ur>  sparingly,  but 
regularly,  as  a  transient  in  laic  fall  ami  c.irly  winter.  Dr.  Warren  so 
gives  it  on  the  aulhoniy  of  .\lcs.-rs.  licor^-c  I!.  St-nnc-ii  ami  James 
rhom]i>on.  and  mentions  a  s|rt;r.Jmfn  shot  b>    the  laiter  on  (Kiobcr 


Todd  :    Birds  of  Erie  and  Presque  Isle.  509 

26,  1889,  from  which  **a  fish,  known  locally  as  *  buffalo-sucker,* 
measuring  between  eight  and  nine  inches  in  length  was  taken.*' 
{Birds  of  Pennsylvania ^  1890,  28-29.)  There  is  one  specimen  in 
Mr.  Sennett's  collection,  dated  November  15,  1889.  Mr.  Bacon 
has  never  heard  of  it  in  the  spring,  but  has  occasionally  seen  one  in 
the  fall,  in  every  case  on  the  wing,  although,  he  adds,  **The  fisher- 
men inform  me  that  the  birds  when  present  often  alight  on  the  pond- 
net  stakes.  On  December  14,  1901,  a  party  of  four  birds  of  this 
species  flew  over  me  as  I  was  passing  down  the  neck  of  the  Peninsula, 
one  of  which  I  secured.  When  skinned  its  throat  was  found  to  con- 
tain two  ten-inch  perch,  one  of  which  was  perfectly  fresh.  I  have 
seen  single  cormorants  on  the  following  dates  also:  October  7,  1897, 
December  i,  1900,  and  November  8,  1901,  while  I  secured  from  a 
local  gunner  a  bird  which  had  been  taken  November  6,  1902."  Both 
specimens  to  whose  capture  reference  is  made  are  now  in  the  Carnegie 
Museum.  Part  of  a  skeleton,  with  the  entire  tail  attached,  was  found 
on  the  shore  of  Misery  Bay  in  the  spring  of  1900,  evidently  belonging 
to  a  bird  killed  the  previous  fall.  The  only  living  bird  of  this  species 
noted  by  us  was  seen  off  the  outside  beach  on  October  9. 

[Phaiacrocorax  dilophus Jtoridanus.     FLORIDA  Cormorant. 

This  form  may  in  former  years  have  extended  as  far  north  as  Erie,  and  may  even 
have  bred.  Compare,  in  this  connection,  the  statement  of  Dr.  F.  W.  Langdon 
{Journal  Cincinnati  Society  of  Xatural  History,  III.,  1880,  229)  that  two  speci- 
mens, male  and  female,  were  taken  by  Mr.  J.  B.  Porter,  in  June,  1878,  near  Port 
Clinton,  Sandusky  Bay,  Ohio.] 

16.  Pelecanus  erythrorhynchos.     White  Pelican. 

The  claim  of  this  species  to  a  place  in  the  present  list  rests  on  the 
following  statement,  which  is  ([uoted  from  Dr.  Warren  {Birds  of 
Pennsylvania^  1890,  29-30):  *'Mr.  Cxeorge  B.  Sennett,  of  Erie, 
informs  me  a  few  of  these  birds  were  seen,  about  fifteen  or  twenty 
years  ago  [/.  ^.,  between  1870  and  1875],  in  the  neighborhood  of 
Erie  city."  Numerous  well  attested  records  for  this  species  from  con- 
tiguous areas  would  seem  to  justify  the  reception  of  the  above  state- 
ment at  its  face  value. 

17.  Merganser  americanus.     American  Merganser. 

This  merganser  is  not  very  common  or  well  known  to  the  local 
gunners.  It  occurs  as  a  transient  visitant,  and  may  possibly  remain 
through  the  winter.  One  was  seen  with  a  flock  of  Red-breasted  Mer- 
gansers in  Yellow  Bass  Pond  on  April  7,  this  being  our  only  spring 


510  Annals  of  the  Carnegie  Musevm. 

record  for  1900.  In  the  Ml  the  first,  a  young  male,  was  shot  at  Crystal 
Point  on  November  8.  A  male  in  incomplete  adult  plumage  was  killed 
over  decoys  in  Horseshoe  Pond  the  following  day,  and  on  November 
12  two  females  were  shot  at  Crystal  Point.  There  were  also  examined 
a  few  adults  in  the  possession  of  a  gunner  who  had  shot  them  on  Nov- 
ember 17,  which  was  the  last  date  opportunity  was  afforded  to  record, 
but  in  Mr.  Bacon's  notes  mention  is  made  of  a  freshly  killed  bird  seen 
by  him  on  December  8  of  the  same  year.  Again  in  1903,.  on  a  brief 
visit  to  the  Peninsula,  the  writer  saw  a  single  bird  in  possession  of  a 
gunner,  said  to  have  been  killed  on  December  7.  All  the  specimens 
preserved  by  us  were  excessively  fat. 

18.  Merganser  serrator.    Red>breasted  Merganser. 

With  the  single  exception  of  the  Lesser  Scaup  Duck,  the  present  spe- 
cies, known  to  the  local  gunners  as  "  Fish  Duck,"  is  the  commonest 
of  the  Anatida  during  the  season  of  migration,  both  in  spring  and  £dl. 
Although  doubtless  present  previously,  the  first  record  in  1900  was 
made  March  27,  and  it  was  common  throughout  April  and  for  a  few 
days  in  May,  while  a  flock  of  stragglers  was  observed  as  late  even  as 
May  25.  Thus  its  period  of  migration  at  this  place  extended  over 
almost  two  months.  Although  single  individuals  and  small  parties 
were  often  met  with,  it  was  usually  found  in  larger  flocks  on  the  bay, 
being  detected  but  once  in  the  ponds.  In  the  fall  it  was  first  noted  on 
October  17,  soon  becoming  numerous,  and  thus  continued  up  to  the 
time  of  our  departure.  At  this  season  it  was  one  of  the  few  ducks  that 
frequented  the  lake  proper,  and  there  were  occasions  when  a  number 
of  flocks  were  visible  at  one  time  from  the  outside  beach.  It  was  also 
one  of  the  species  which  was  readily  decoyed,  and  was  thus  the  source 
of  much  annoyance  to  gunners  who  were  in  quest  of  more  edible  kinds. 
As  a  diver  it  is  most  expert,  and  the  writer  has  repeatedly  seen  an  en- 
tire flock  while  engaged  in  feeding  disappear  beneath  the  surface  simul- 
taneously. It  is  said  to  remain  in  the  fall  until  the  bay  freezes  over. 
Mr.  Bacon's  notes  on  this  merganser  are  interesting  as  tending  to  prove 
that  it  occasionally  remains  through  the  summer  to  breed.  He  says  : 
**  I  have  seen  large  flocks  here  as  late  as  May  19  (1900),  and  on  May 
30,  1901,  I  saw  a  dozen  birds.  1  have  several  times  seen  young  mer- 
gansers on  the  bay  in  July  and  August,  and  on  one  occasion  (July  27, 
1893)  I  shot  one.  All  of  these  birds  I  am  (juite  certain  were  of  this 
species,  although  since  I  have  regretted  not  having  made  the  identifi- 
cation more  positive.     On  September  6,  1900,  I  killed  an  old  bird  of 


Todd:   Birds  of  Erie  and  Presque  Isle.  611 

this  species,  although  it  is  well  into  October  before  the  mergansers  are 
expected.  Taking  all  these  facts  into  consideration,  I  think  they  breed 
here  occasionally.*'  See,  in  this  connection,  Dr.  F.  W.  Langdon*s 
note  on  this  species  (Journal  Cincinnati  Society  of  Natural  History^ 
III.,  1880,  229),  in  which  he  mentions  that  it  has  been  identified  in 
summer  at  Sandusky  Bay,  Ohio,  by  Mr.  J.  B.  Porter. 

19.  Lophodytes  cucullatus.     Hooded  Merganser. 

This  handsome  species  is  fairly  numerous  as  a  transient  in  spring  and 
fall,  preferring  the  ponds  of  the  Peninsula  to  the  waters  of  the  bay, 
and  is  often  seen  in  small  pools  on  the  mainland  during  the  spring 
movement.  While  fairly  common,  it  is  never  found  in  such  numbers 
as  the  preceding  species.  The  dates  of  its  first  appearance  in  the 
spring  are  given  by  Mr.  Bacon  as  April  7,  1899,  ^^^  March  25,  1901. 
In  1900  it  was  first  noted  on  April  2,  when  a  male  bird  was  picked  up 
dead  on  the  north  shore  of  Erie  Bay.  I^ter  in  the  month  it  was  repeat- 
edly recorded,  but  none  were  seen  after  May  2  until  May  21,  when  a 
belated  migrant  was  observed.  In  the  fall  the  first  record  was  for  No- 
vember 7,  and  the  last  for  November  18,  although  without  much  doubt 
it  actually  remained  later.  While  small  flocks  and  single  individuals 
often  came  to  decoys  in  the  bay,  such  were  as  often  observed  in  the 
ponds,  feeding  in  company  with  Coots  and  Pied-billed  (irebes,  whence 
the  name  **  Pond  Fisher"  given  by  the  local  gunners.  Mr.  Bacon 
writes  :  **  I  have  often  seen  them  feeding  in  shallow  pools,  where  they 
could  scarcely  find  anything  in  the  line  of  fish,  so  that  1  am  inclined 
to  think  that  they  may  feed  on  vegetable  matter  at  times.  They  are 
claimed  by  many  to  be  good  eating.  I  have  found  them  both  good 
and  bad." 

\^''Anas  maxima.'''     (GossK,   Bints  of  Jamaica ^  1847,399.)     MAi.LARD-Mrscovv 

Hybrid. 

A  specimen  of  this  interesting  bird,  without  doubt  a  hybrid  between  the  Mallard 
and  the  Muscovy  [Cairina  moscha/a),  a  tropical  American  species,  which  is  common 
in  domestication,  was  taken  on  the  Peninsula  near  the  Life-saving  Station  on  Novem- 
ber 25,  1902.  The  bird  was  seen  flying  up  and  down  the  bay,  and  finally  alighted  on 
the  shore  near  several  men,  who  captured  it  by  striking  it  with  a  club  as  it  started  to 
rise.  It  seemed  to  be  exhausted.  According  to  Baird,  Brewer,  and  Ridgway  (  Water 
Bints  of  North  America ,  1.,  1884,  494),  "These  hybrids  are  no  doubt  produced 
in  the  barnyard  ;  but  it  is  said  that  such  birds  do  not  inherit  the  tameness  of  their 
progenitors,  but  revert  to  the  original  wildness  of  both  species,  and  escape  by  flight. 
Certain  it  is,  that  they  are  frequently  shot  by  gunners  along  our  coast."  The 
specimen  in  question,  a  male,  is  now  in  the  Carnegie  Museum,  and  may  be  thus 
described  :  Head  and  neck  black,  with  strong  purple  iridescence,  washed  with  brown 


512  Annals  of  the  Carnegie  Museum. 

on  the  lores,  chin,  and  throat.  A  broken  circlet  of  white  feathers  at  the  base  of  tfie 
neck.  Back,  scapulars,  rump,  upper  tail  coverts,  and  tail  above  glossy  blade,  show- 
ing rich  dark  green  and  violet  reflections.  Breast  rich  chestnut,  this  color  also 
extending  in  lessening  intensity  over  the  sides  to  the  anterior  portion  of  the  back, 
where  it  appears  as  a  brown  wash  on  the  feathers.  The  chestnut  of  the  breast  gradu- 
ally gives  way  posteriorly  to  the  grizzled  gray  color-effect  of  the  abdominal  region, 
which  is  due  to  a  fine  wavy  combinati6n  of  white  and  black,  the  latter  predominatiiigf 
laterally.  Under  tail-coverts  like  the  back.  Wing-coverts  dusky  olive-green,  the 
greater  ones  obsoletely  white-tipped,  and  crossed  terminally  by  a  narrow  band  of 
black  and  brown.  Primaries  dusky  black.  Speculum  iridescent  dark  purplish  green, 
white-bordered  behind.  Length  (from  well  made  skin),  29  inches;  wing,  13;  tail, 
6.25  ;  bill,  2.40.] 

20.  Anas  boschas.     Mallard. 

A  transient  visitant  in  spring  and  fall,  in  some  seasons  quite  abun- 
dant, at  other  times  almost  rare.     As  a  rule  the  Black  Mallard  is  more 
numerous  than  the  present  species,  but  in  the  &11  of  190 1  the  Mallards 
outnumbered  the  others  species  ten  to  one,  an  unprecedented  flight 
having  taken  place  October  17  to  19.     The  earb'est  record  for  the 
spring  migration  is  February  23,  1891,  and  other  first  dates  for  this 
season  are  March  11,   1897,  March  8,   1898,  and   March  2,   1902 
(Bacon).  In  the  spring  of  1900  it  came  under  our  notice  first  on  March 
28,  when  a  number  were  seen  resting  on  the  edge  of  the  ice  on  Erie 
Bay.     This  was  the  only  occasion  when  it  was  found  on  the  bay, 
although  occasionally  it  was  seen  flying  over.     During  April  it  was 
seen  at  frequent  intervals  in  the  several  ponds  of  the  Peninsula,  either 
alone  or  in  the  company  of  other  **  pond  ducks,"  particularly  the  Black 
Mallard.     Early  in  the  season  it  was  usually  found  in  flocks  number- 
ing from  six  to  twelve  individuals,  but  during  the  latter  part  of  its  stay 
it  was  almost  invariably  in  pairs,  each  pair  by  itself,  and  doubtless 
mated  for  the  season.      May  4  was  our  latest  spring  record,  and  Mr. 
Bacon  notes  a  pair  seen  May  5,  1902.     Beyond  (juestion  the  Mallard 
bred  at  this  locality  in  former  years,  as  stated  by  Dr.  Warren  (^Birds 
of  Pennsylvania^  1890,  35),  on  the  authority  of  Mr.  James  Thompson. 
However,  in  December,    1902,   Mr.    Thompson  personally  informed 
the  writer  that  it  was  then  more  than  ten  years,  to  the  best  of  his 
knowledge  and  belief,  since  this  species  had  bred  in  the  neighborhood 
of  Erie.      Mr.    Bacon   has  never  seen   it  under  such   circumstances, 
although  he  has  noted  a  single  old  bird]  as  early  as  August  24  (1896). 
It  is  generally  about  the  middle  of  September,    however,   before   it 
reappears  in  the  fall  according  to  the  same  observer.      In  1900  Septem- 
ber 21  was  the  recorded  date  of  arrival,  and  it  was  noted  at  intervals 


Todd  :   Birds  of  Erie  and  Presque  Isle.  513 

through  the  following  month,  but  it  was  not  until  November  that  it 
became  really  common,  considerably  exceeding  its  spring  abundance. 
Flocks  of  from  ten  to  twenty  birds  were  found  on  various  occasions  in 
the  ponds,  and  a  number  of  specimens  were  secured.  Curiously 
enough,  all  of  the  individuals  in  the  flocks  that  we  siw  seemed  to  be 
adult  males,  and,  indeed,  the  only  females  recorded  in  the  fall  were 
those  which  had  been  killed  by  local  gunners.  It  was  interesting  to 
observe  the  manceuvers  of  a  flock  when  seeking  a  place  to  alight.  They 
would  sweep  low  over  the  waters  of  a  pond,  then  rise  and  disappear 
over  a  wooded  ridge  half  a  mile  away,  returning  to  repeat  the  move- 
ment until  satisfied  that  the  coast  was  clear,  when  they  would  settle  in 
some  shallow  spot  and  begin  to  feed,  remaining  in  one  place  for  hours 
at  a  time,  if  not  disturbed.  November  14  was  the  latest  date  on  which 
an  opportunity  was  given  to  record  the  species,  although  no  doubt  it 
remained  much  later.  It  was  observed  by  Mr.  Simpson  from  Novem- 
ber 17  to  23,  1902,  but  it  is  very  doubtful  if  it  ever  remains  through 
the  winter. 

21.  Anas  obscura.     Black  Mallard  ;  Dusky  Duck. 

This  is  the  most  numerous  of  the  **  pond  ducks,'*  at  least  in  the 
spring,  and  occurs  as  a  regular  migrant  and  casual  winter  resident. 
Its  arrival  takes  place  early  in  March,  and  during  its  sojourn  it  fre- 
quents the  ponds  on  the  mainland  and  Peninsula  fully  as  much  as  the 
waters  of  the  bay.  In  the  spring  of  1900  the  first  individuals  were 
observed  on  the  bay  on  March  31 .  They  were  repeatedly  noted  among 
the  floating  ice  on  the  main  lake,  but  the  ponds  were  their  usual  resting 
places  and  feeding  resorts.  Throughout  April  they  were  quite  common 
in  such  situations,  usually  in  flocks  of  from  five  to  fifteen  individuals,  feed- 
ing mainly  on  the  seeds  of  wild  rice,  with  which  the  gullets  and  stomachs 
of  the  specimens  secured  were  crammed.  Towards  the  end  of  April  it 
was  usual  to  find  these  ducks  in  pairs,  apparently  mated  for  the  season, 
and,  indeed,  it  is  quite  possible  that  they  breed  on  the  Peninsula, 
although  not  observed  by  us  later  than  May  5.  On  this  point  Mr. 
Bacon  says:  **  Although  ordinarily  not  remaining  after  the  first  of 
May  (May  2,  1901),  I  have  on  different  occasions  seen  a  single  Black 
Mallard  in  the  summer  months  (August  15,  1896  ;  June  25,  1900; 
July  19,  1903),  but  I  have  never  seen  a  flock  of  old  and  young  at  this 
time,  so  I  am  inclined  to  think  that  the  species  has  not  bred  here  of 
late  years.  During  the  fore  part  of  September,  (September  13,  1894, 
September  14,  1895,  September  4,  1897,  September  5,  1902),  it  reap- 


514  Ann  A  "  ot^iecarkKiej 

pears  on  ihe  return  migration,  and  lingers  in  small  niiuiliers  « 
the  winter,  an  occasional  individual  even  remaining  through  the  whole 
seaj^on."  Our  notes  for  the  fall  of  1900  were  in  accord  with  Mr, 
Bacon's  obser\'ations.  The  first  specimen  H'as  observed  September  7, 
but  they  did  not  become  at  all  numerous  until  November  set  in,  while 
the  last  record  was  for  November  17,  although  they  uni|uestioLiably 
remained  considerably  later. 

\Anas  otiicura  rHhripc!.      RuD-LEafiED  Bl^CK   DVCK. 

The  occurrence  of  this  form,  Utely  character  iied  hy  Mr.  William  Brewster  \AHk, 
XIX.,  1903,  1S4),  is  to  be  eipccted  in  this  locslitj,  but  Ihechoracler  of  Ihc  svallabte 
materiiil  does  nol  permit  of  h  positive  staiement  lo  that  effect.  Specimens  must  be 
hull  ihe  lalieis  of  which  shall  nole  the  colon  of  Ifae  soft  parts.  Mr.  Lynds  Junes 
thinks  that  ihis  is  the  more  common  form  of  Ihe  Black  Duck  in  Ohio  { Binis  of  Okie, 
'903.  JB).] 

22.  Chaulelasmue  streperus.     GAnwAi-t.. 

".Although  this  species  is  not  common  in  the  vicinity  of  Erie, 
good-sized  flocks  are  sometimes  seen  mostly  in  company  with  other 
species  abotit  Erie  bay,  where  the  Gadwall  appears  to  occur  in  greater 
numbers  than  in  other  parts  of  the  slate.' '  This  c4uoiation  from  Dr. 
Warren  {Birils  0/  Pernisyhanict,  1890.  37),  probably  based  on  in- 
formation received  from  Mr.  George  B.  Sennett,  however  appropri- 
ate it  may  have  been  at  one  time,  is  utterly  misleading  at  present. 
Nothing  is  more  certain  than  that  the  Gadwall  is  by  far  the  rarest  of 
the  ducks  at  Erie.  There  is  no  s[)ecimen  in  Mr.  Sennetl's  collection  ; 
Mr.  Bacon  ha.s  never  seen  or  heard  of  it ;  we  did  not  meet  with  it 
during  our  slay  in  1900,  nor  did  He  find  any  gunner  who  had  recog- 
nized it.  The  only  positive  record  is  by  Mr.  Simpson,  who  examined 
a  single  specimen  taken  by  a  gunner  November  18,  1902.  It  was 
shot  over  decoys  in  one  of  the  ponds,  and  was  unfortunately  so  badly 
mangled  through  the  stupidity  of  the  gunner  that  it  was  unfit  for  pre- 
servation. The  species  must  be  listed  as  a  transient  visitant. 
[Af,ireca  ftitthpt.     Euhoe'ean  Wiuceon. 

So  many  records  for  this  bird  from  neighboring  areas  have  lately  come  to  li^ht  that 
it  would  seem  nol  unreasonable  lo  look  for  it  at  Erie  as  a  casual  visitant.  The  male 
may  readily  be  distinguished  from  thai  of  M.  americaua  by  its  rufous-brown  head.  ] 

23.  Mareca  americaiia.     .A.mf.ric.^n  Witigeon. 

This  duck  occurs  as  a  regular  migrant  in  spring  and  fall,  but  is  not 
very  common  at  either  season.  It  is  confined  almost  wholly  to  the 
ponds,  and  is  usually  found  in  pairs  or  small  flocks,  sometimes  asso- 
ciated with  kindred  species,  particularly  the  Black  Mallard.     Accord- 


Todd  :    Birds  of  Erie  and  Presque  Isle.  515 

ing  to  Mr.  Bacon's  experience  it  arrives  from  the  south  soon  after  the 
latter  species  (March  19,  1898,  March  25,  1901),  although  in  1900 
our  first  record  was  not  made  until  April  i,  a  pair  shot  on  that  day 
by  a  gunner  having  come  into  our  possession.  The  last  occurrence  in 
spring  was  noted  on  April  28.  In  the  fall  the  first  specimen  was  seen 
on  September  19,  and  two  days  later  a  flock  of  about  ten  birds  was 
found  in  Ridge  Pond,  one  of  which  was  secured.  Curiously  enough, 
no  others  were  observed  from  this  time  until  November  6,  while  the 
latest  record  for  the  season  was  for  November  13,  although  no  doubt 
this  date,  like  many  others  referring  to  waterfowl  at  this  season,  did 
not  correctly  indicate  the  actual  time  of  departure  of  the  species. 
Mr.  Simpson  recorded  it  in  1902  between  November  17  and  23, 
and  Mr.  Bacon  says  that  **  December  5,  1901,  is  by  far  the  latest  date 
upon  which  I  have  observed  this  species,"  and  adds  that  September  26, 

1899,  is  an  average  date  for  its  arrival  in  the  fall.  A  specimen  in  Mr. 
Sennett*s  collection  was  taken  April  21,  1875.  ^^^s  duck  is  called 
**  Specklehead  "  by  the  gunners  about  Erie. 

24.  Nettion  carolinensis.     Green-winged  Teal. 

A  regular  and  rather  common  transient,  although  seldom  as  well 
represented  as  the  Blue-winged  Teal.  Mr.  Bacon  has  observed  them 
about  as  early  in  the  fall  as  the  other  species,  as  for  instance  on  Sep- 
tember I,  1894,  September  15,  1899,  and  September  19,  1896  and 
1 90 1,  but  in  his  experience  they  are  always  to  be  found  a  week  or  two 
after  the  Blue-wings  have  disappeared.  Thus,  on  November  8,  1901, 
he  killed  a  pair,  and  on  November  9,  1902,  he  secured  one  from  a 
local  gunner.  Mr.  Simpson  has  received  specimens  taken  as  late  as 
November  23,  1903,  while  November  4  was  our  last  recorded  date  in 

1900.  Dr.  Warren  observes  (^Birds  of  Pentisylvaniay  1890,  38)  that 
these  birds  are  quite  common  in  this  locality  late  in  August  as  well 
as  in  September,  and  that  many  of  them  are  shot  for  the  market.  What 
may  have  been  one  of  this  species  was  seen  by  Mr.  D.  A.  Atkinson 
August  24,  1900,  but  it  was  not  certainly  detected  again  by  any  mem- 
ber of  our  party  until  September  19,  and  only  a  few  were  noted  dur- 
ing the  entire  fall  migration.  But  one  individual  was  recorded  in  the 
spring ;  this  was  a  fine  male  which  was  secured  from  a  gunner  on 
April  7,  having  been  killed  that  morning  over  decoys  at  Crystal 
Point.  That  this  record  could  scarcely  be  counted  as  a  date  of  arrival 
is  evident  from  the  following  extract  from  Mr.  Bacon's  notes :  **0n 
March  12,  1898,  I  killed  one  from  a  small  flock.     The  latter  date  I 


M6  AxsALs  OF  THE  Carnf.uie  Muskum. 

consider  ralhei  early,  the  Arsl  having  been  noted  in  other  years  as 
follows:  March  aS,  1S95  ;  ^*"ch  aj,  1901;  March  15,  1902," 
While,  according  to  Dr.  Warren,  birds  of  this  species  are  occasion- 
aJly  captured  here  during  the  early  sunimer  months,  there  is  no  evi- 
dence to  show  that  the  species  has  nested  here  in  late  years.  It  is 
partial  to  the  ponds  on  the  Peninsula,  but  is  often  taken  on  the  bay  as 
well,  and  at  marshy  pools  on  the  mainland. 

35.  Querquedula  discors.     Blue-wi^jced  Teal. 

Fairly  (.ommon  a.s  a  spring  and  fall  migrant,  and  rather  more  numer- 
ous than  the  preceding  species.  Three  were  seen  April  iz,  1900,  on 
Yellow  Ifass  Pond.  Two  of  these  were  secured.  A  flock  of  six,  one 
of  which  was  taken,  was  met  with  in  the  same  place  on  April  25,  and 
the  last  sjiecimen  was  seen  on  April  28.  The  earliest  date  of  appear- 
ance given  by  Mr,  Bacon  is  March  27,  1898.  He  has  seen  single 
birds  well  into  the  breeding  season  (May  5,  1892,  May  30,  1901), 
but  never  has  seen  one  in  midsummer.  Late  in  August,  or  early  in 
September  (August  28,  1901,  September  6,  1893  and  1902,  Septem- 
ber 7,  1900,  Septemlier  8,  1875  and  1894),  these  birds  again  appear 
about  the  [Wnds  of  the  Peninsula.  Sometimes  ihey  come  in  flocks  of 
twenty  to  thirty  liird:<,  and  upon  their  arrival  are  very  unsuspicious, 
while  in  other  seasons  they  are  few  and  far  between  and  correspond- 
ingly wary.  In  Mr.  Sennctt's  collection  there  are  specimens  secured 
Scptcmlwr  aji  '^^TSi  while  our  latest  fall  date  in  1900  was  September 
j6.  Doubtless,  however,  it  often  remains  later.  Mr.  Simpson  reports 
specimens  shot  al  Crystal  Point  in  .^pril  of  rgoa  and  1903,  but  ordi' 
narily  it  is  seldom  found  away  from  the  ponds. 

a6.  Spatula  clypeata.     Shoveller  Duck. 

This  is  one  of  the  rarer  ducks  in  this  locality,  where  it  is  of  irregular 
appearance  in  spring  and  fall.  A  pair,  shot  on  the  bay,  .^prit  21,  1875, 
are  in  Mr.  Sennett's  collection.  On  April  20  and  21,  1900,  there  was 
a  small  flight  of  these  ducks,  they  having  been  found  on  several  occa- 
sions, and  one  male  secured  (at  the  head  of  Big  Pond).  March  30, 
1902,  Mr.  Bacon  secured  a  single  specimen  from  a  gunner,  and  re- 
corded the  species  again  on  April  i.  These  are  all  the  available 
spring  records,  and  the  notes  for  the  fall  migration  are  similarly 
meagre.  Mr.  Bacon  killed  two  in  the  fall  of  1893  (September  6  and 
21 ),  and  saw  several  others,  even  as  late  as  November  18.  Since  then 
he  has  heard  of  an  occasional  specimen  being  shot,  although  he  has 


Todd:    Birds  of  Erie  and  Presque  Isle.  517 

not  personally  met  with  the  species  at  this  season,  while  the  gunners 
all  consider  it  rare.  In  the  fall  of  1900  it  came  under  our  notice  but 
once,  when  three  specimens  killed  by  a  gunner  on  Horseshoe  Pond, 
September  25,  were  examined.  Mr.  Simpson  reports  having  taken  a 
single  adult  female,  November  13,  1903. 

27.  Dafila  acuta.     Pintail  Duck. 

This  species  is  locally  known  as  **  Gray  Duck,"  and  is  common  as 
a  transient  visitant  during  the  migrations.  They  arrive  with  the  Black 
Mallards  in  the  spring,  Mr.  Bacon's  earliest  records  at  that  season 
being  February  23,  1891,  while  for  other  years  his  dates  are  as  fol- 
lows:  1897,  March  11;  1898,  March  10;  1901,  March  25;  1902, 
March  11.  In  the  fall  they  come  early  in  September,  (September  6, 
1893,  September  11,  1894,  September  7,  1895,  September  15,  1899), 
and  are  usually  gone  by  the  end  of  the  following  month,  although  on 
two  occasions,  November  13,  1902,  and  December  3,  1903,  much 
later  records  were  made.  In  1900  a  few  were  seen  on  Big  Pond  on 
April  20,  this  being  our  only  spring  record.  September  19  was  the 
date  of  their  first  appearance  in  the  autumnal  movement,  and  they 
were  recorded  at  intervals  from  that  time  until  as  late  as  November  16. 
Single  individuals  or  small  parties  were  the  rule,  always  in  the  ponds. 
In  all  the  adult  male  specimens  examined  in  the  fall  the  middle  tail- 
feathers  were  in  a  worn  condition  and  no  longer  than  the  others.  An 
interesting  specimen,  illustrating  the  moult  of  the  male  from  summer 
into  winter  plumage,  was  secured  on  October  17.  Mr.  Simpson  con- 
tributes the  following  notes  on  this  species:  **  Several  males  were 
seen  April  26,  1902,  in  a  large  flock  of  ducks  that  frequented  Misery 
Bay  on  that  occasion.  On  November  10,  1903,  a  female  was  ob- 
served." 

28.  Aix  sponsa.     Wood  Duck. 

This  species  is  tolerably  common  as  a  transient  visitant  in  spring 
and  fall,  and  every  year  a  few  pairs  spend  the  summer  on  the  Peninsula, 
where  they  rear  their  young,  their  shy  and  secretive  habits  during  the 
nesting  season  enabling  them  to  pass  comparatively  unnoticed  until  the 
young  are  fairly  well  grown.  Broods  of  young  birds  have  repeatedly 
been  seen  in  August,  and  numerous  specimens  secured.  On  August 
10,  1 90 1,  a  flock  of  ten  young  birds  was  noted  by  Mr.  Bacon.  Two 
young  taken  August  12,  1903,  in  which  the  postjuvenal  moult  had  just 
commenced,  are  in  the  Carnegie  Museum.     It  is  early  in  April  before 


618  Annals  of  the  CAitHEOiE"^sEt.fi;r' 


this  duck  arrives  from  the  south,  1aut  it  is  coimltd  a  rare  bird  in  the 
sptitig.  The  local  birds  seem  to  leave  early  in  September,  but  indi- 
viduals, perhi^  migrants  from  more  northern  localities,  have  been 
seen  as  late  as  October  19  (1901).  In  i^oq  the  only  occasiun  upoti 
which  it  came  to  oui-  notice  was  00  Noveml>er  10,  when  we  secured  a 
female  which  a  gunner  had  lulled  in  one  o(  the  ponds.  Upon  skin- 
ning it  proved  to  have  wounds  in  both  wings  near  the  tip,  which  had 
healed,  leaving  a  swelling.  This  may  perhaps  account  Tor  the  late  date 
of  its  occurrence. 

39.  Aythya  americaiia.    Redhead  Duck. 

A  regular  migrant,  most  numerous  in  th<:  fall,  but  never  abundant. 
In  the  spring  of  1900  we  found  them  with  the  flocks  of  Scaups  and 
Golden-eyes  on  Erie  Bay,  and  like  these  they  were  wild  and  difficult  of 
approach.  The  first  were  noted  March  29,  and  the  last  April  7, 
althotigh  doubtless  these  limiting  dates  included  but  a  fraction  of  the 
period  during  which  the  species  SUys  (a  (specimen  in  Mr.  Sennett's 
collection  dat^d  April  31,  1875,  would  at  least  indicate  as  much). 
They  reappeared  in  the  &I1  on  October  13,  and  were  seen  at  frequent 
intervals  up  to  November  17,  and  probably  remained  still  later.  On 
December  9,  190*,  the  writer  saw  some  Redheads  that  had  been  killed 
on  the  bay  within  a  few  days.  Mr,  Bacon  contributes  the  following 
observations:  "Soon  after  the  first  of  October  (October  6,  1894; 
October  3,  1901),  and  with  the  first  flight  of  'deep  water'  ducks 
come  the  Redheads.  They  are  wary  and  are  seldom  killed  in  any  nimi- 
bers.  Several  fall  seasons  1  have  known  a  flock  of  at  least  one  hundred 
of  these  birds  to  feed  week  after  week  in  the  western  end  of  the  bay, 
and  only  an  occasional  one  was  killed.  They  remain  well  into  No- 
mveber,  while  one  was  once  taken  as  late  as  December  r5  (1900),  and 
I  have  seen  a  record  of  a  specimen  shot  January  2,  1903.  This  spe- 
cies prefers  the  waters  of  the  lake  or  bay,  but,  like  the  Scaups,  occa- 
sionally a  bird  drops  into  the  ponds." 

30.  Aythya  vallisneria.     Canvas-back  Duck. 

The  Canvas-back  is  one  of  the  rarer  ducks,  and  was  detected  by  ua 
only  during  the  fall  migration  of  1900,  when  it  was  the  last  of  the 
ducks  to  put  in  an  appearance.  Mr.  Worthington  killed  a  single  bird, 
a  female  in  moulting  plumage,  over  decoys  at  Crystal  Point  on  No- 
vember 13.  Two  others,  also  females,  which  we  examined  were  killed 
by  gunners  on  November  16,  one  in  Horseshoe  Pond  (said  to  have  been 


Todd  :   Birds  of  Erie  and  Presque  Isle.  519 

one  of  a  flock  of  four),  the  other  on  Erie  Bay.  Mr.  Bacon  records 
the  species  as  an  irregular  migrant  and  winter  resident,  and  adds  :  '*  I 
have  never  seen  this  bird  alive,  but  nearly  all  the  older  generation  of 
sportsmen  have  killed  one  or  two  specimens.  On  December  21,  1900, 
a  flock  of  seven  appeared  at  the  eastern  end  of  the  bay,  three  of  which 
were  shot  by  Mr.  Frank  Claus,  from  whom  I  secured  them.  On 
January  8,  T901,  another  specimen  was  killed  by  Mr.  Claus,  which 
likewise  came  into  my  possession.  Other  examples  have  since  been 
brought  me,  taken  on  March  13  and  26,  1902,  January  i  and  2,  and 
December  5,  1903.  On  October  23,  1903,  I  examined  five  specimens 
that  were  killed  on  the  bay  —  my  earliest  fall  date."  Most  of  the 
above  dates  are  represented  by  specimens  in  the  Carnegie  Museum. 
There  appear  to  be  no  other  records  for  the  occurrence  of  this  duck 
so  far  north  in  winter.  Its  favorite  food,  the  wfld  celery  (  Vallisnena 
spiralis)  grows  in  the  bay  at  certain  places,  so  that  it  would  naturally 
be  expected  to  occur  regularly  did  other  circumstances  permit. 

31.  Fuligula  marila.     Greater  Scaup  Duck. 

This  duck  was  not  distinguished  from  the  next  species  by  the  gun- 
ners, both  being  known  as  *' Blue-bills."  Moreover,  owing  to  the 
difficulty  of  discriminating  the  two  forms  in  life,  little  can  be  said 
definitely  of  the  present  species,  more  than  that  in  the  spring  of  1900 
it  certainly  constituted  a  portion  of  the  flocks  of  Scaups  during  the 
earlier  part  of  the  seaik)n.  Specimens  were  secured  on  March  29  and 
April  13,  that  taken  on  the  latter  date  being  a  male  in  full  plumage. 
Beyond  stating  that  it  was  evidently  much  less  common  than  the  Lesser 
Scaup,  it  is  impossible  to  indicate  the  relative  abundance  of  the  two 
species.  In  the  fall  none  were  noted  until  November  8,  and  speci- 
mens were  examined  which  were  killed  on  November  14  and  15.  Mr. 
Simpson  reports  the  species  on  November  20,  1902,  and  April  14, 
1903,  having  taken  two  specimens  on  each  date.  Mr.  Bacon's  notes, 
however,  are  of  special  interest  in  that  they  are  supplementary  to  tho.se 
just  presented,  tending  to  show  that  the  seasonal  status  of  this  duck  is 
about  the  same  as  that  of  the  Canvas-back.  **  Although  I  feel  sure  that 
the  present  species  is  never  found  here  in  any  great  numbers,  it  prob- 
ably occurs  regularly  during  the  migrations  and  through  the  winter. 
...  I  have  occasionally  seen  one  in  the  markets,  and  have  secured 
specimens  from  local  gunners  taken  on  the  following  dates  :  December 
10,  13,  and  27,  1902,  and  January  5,  1903,"  all  of  which  are  at 
present  in  the  Carnegie  Museum. 


620  Annals  of  the  Carnegie  Museum. 

» 

33.  Pullgiila  aflbds.    Lesser  Scaup  Duck. 

The  Lesser  Scaup  is  by  far  tiie  commonest  duck  at  Erie  Bay,  as 
well  as  the  one  the  migration  of  which  in  the  spring  covers,  perhaps, 
the  longest  period.  No  doubt  a  few  always  winter  here  ;  at  any  rate 
they  appear  just  as  soon  as  the  ice  breaks  up.  At  the  time  of  our 
arrival  in  the  spring  of  1900  (March  33)  they  were  already  numerous, 
and  with  the  breaking  up  and  final  disappearance  of  the  ice  the  flocks 
were  augmented  by  fresh  accessions  from  the  south.  They  were  rarely 
observed  on  the  main  lake,  and  only  occasionally  on  the  ponds,  the  bay 
being  their  chosen  haunt.  Here  they  were  found  in  flocks  numbering 
sometimes  hundreds  of  individuals,  often  associated  with  other  species 
of  sea-ducks,  but  always  outnumbering  them.  These  flocks  were  wild 
and  could  not  be  approached  in  a  boat  within  one  hundred  yards,  but 
refused  to  leave  the  bay,  rising  merely  to  settle  in  another  part  until 
again  disturbed.  However,  many  were  killed  over  decoys  set  out  at 
various  points,  even  in  the  open  bay  during  foggy  weather,  when  a 
boat  could  be  anchored  at  the  proper  distance.  A  favorite  feeding- 
ground,  to  which  the  birds  persisted  in  returning  despite  constant 
persecution,  lay  between  one  hundred  and  three  hundred  yards  off  the 
mouth  of  Mill  Creek,  where  the  water  was  only  a  few  feet  deep.  No 
diminution  in  the  abundance  of  the  species  was  evident  until  late  in 
April,  and  many  were  observed  through  May,  usually  at  or  near  the 
spot  just  mentioned.  Some  specimens  were  shot  to  determine  whether 
these  late  staying  individuals  were  '*  pensioners  "  or  birds  in  normal 
condition,  but  not  enough  were  secured  to  warrant  a  final  conclusion. 
Thus  a  specimen  taken  May  7  was  apparently  a  healthy,  well-developed 
bird,  while  one  shot  May  24  had  been  wounded  earlier  in  the  season. 
Another  secured  May  10  had  its  breast  plumage  ragged  and  cut,  and  a 
strongly  smelling  carcass  ;  it  was  doubtless  a  sick  bird.  The  presence 
of  this  duck  thus  late  in  the  season  is  a  regular  occurrence  every  year, 
as  is  evident  from  the  statements  of  local  gunners  and  from  Mr.  Bacon's 
notes.  He  says  :  *'  I  am  certain  that  this  species  does  not  breed  here, 
but  it  occurs  in  numbers  all  through  the  spring  and  well  into  the  sum- 
mer months.  Early  in  June  of  every  year  there  is  always  a  fair-sized 
flock  feeding  on  the  bay.  Thus  on  June  21,  1901,  I  saw  about  fifty 
birds,  both  males  and  females,  in  one  flock,  and  on  July  9,  1892,  I 
saw  a  party  of  eight ;  this  latter  date  is,  however,  my  latest  summer 
record."  In  further  support  of  this  statement  may  be  recorded  a 
party  of  five  seen  by  the  writer  on  June  17,  1897,  off"  the  mouth  of 


Todd  :   Birds  of  Erie  and  Presque  Isle.  521 

Mill  Creek.  The  most  reasonable  explanation  of  these  facts  would 
seem  to  be  that  such  late  staying  birds  are  those  which  for  some  reason 
have  not  the  ability  or  inclination  to  breed,  some  of  them  at  least  being 
**  pensioners,"  but  just  why  these  should  be  the  only  ducks  known  to 
regularly  spend  the  summer  here  without  breeding  it  is  difficult  to  say, 
unless  it  be  that  their  abundance  brings  them  into  more  prominence. 
In  the  fall  of  1900  the  first  migrants  were  noted  on  October  14,  and 
by  the  end  of  that  month  they  had  become  quite  common,  although 
the  great  flights  did  not  take  place  until  the  cold  stormy  weather  in 
November  came.  They  were  still  the  most  common  ducks  at  the  close 
of  our  stay,  and  doubtless  remain  as  long  as  there  is  open  water,  or 
well  into  December.  Mr.  Bacon  contributes  the  following  interesting 
account  of  the  migration  of  this  species  :  **  On  one  occasion  I  saw,  as  I 
believed,  all  the  Lesser  Scaups  in  this  neighborhood  start  for  the  south. 
The  bay  had  frozen  over  a  few  nights  before,  and  on  this  particular 
afternoon  a  large  flock  of  these  ducks  kept  circling  over  the  lake,  some- 
times high  in  the  air,  again  dropping  swiftly  to  the  surface  and  skim- 
ming along  for  a  mile  or  so.  Finally,  having  evidently  gathered  into 
one  flock  all  the  birds  of  the  vicinity,  they  rose  to  a  great  height,  and, 
starting  southward,  were  soon  lost  to  view."  A  peculiar  habit  of  some 
of  the  ducks  under  certain  circumstances  is  illustrated  by  the  following 
note,  also  from  Mr.  Bacon  :  **  I  once  wounded  a  duck  of  this  species 
in  shallow  water,  and,  wading  out  to  where  I  saw  it  last,  I  found  it 
holding  to  a  strong  weed  by  its  bill,  two  or  three  feet  below  the  surface, 
stone-dead." 
33.  Fuligula  coUaris.     Ring-necked  Dlck. 

This  duck  is  a  transient  visitant  in  spring  and  fall,  probably  of  reg- 
ular occurrence,  but  not  common.  By  the  gunners  it  is  not  distin- 
guished from  the  Lesser  Scaup,  with  which  it  is  sometimes  found 
associated,  while  its  seasonal  status,  save  that  there  are  no  late  spring 
or  summer  records,  would  apj)ear  to  be  about  the  same.  The  notes  on 
this  species  are  scanty.  The  earliest  spring  record  is  for  March  15, 
1903,  on  which  date  Mr.  Bacon  secured  a  pair  shot  by  a  gunner.  On 
April  12,  1900,  he  shot  a  male  from  a  flock  of  five,  which  were  found 
feeding  in  a  small  pool  in  the  fields  on  the  mainland.  Mr.  Simpson 
reports  a  female  shot  April  14,  1902,  and  in  Mr.  Sennett's  collection 
there  is  a  female  taken  April  21,  1875.  These  are  all  the  available 
spring  records,  and  those  for  the  fall  are  also  few  in  number.  A  pair 
in  Mr.  Sennett's  collection,  taken  October  10,  1889,  constitute  the 


622  ASNAIJi   OF    THE    CARNEGIE    MUSEVM. 

earliest  fall  record,  while  Mr,  Simpson  writes  that  he  secured  a  female  \ 
at  Crystal  Point  November  12,  1903,  and  received  a  fine  male  shot  by  1 
a  gunner  on  Deiember  3  of  the  same  year. 

34.  Clan^la  clangula  americana.     American  Goi,den-eve. 
TheGoldfO-cyi;,  cijlled  by  the;  gunners  "Whistler,"  is  of  regular  and 

common  occurrence  as  a  spring  and  fall  transient,  and  is  found  also 
through  the  winter,  although  in  much  reduced  numbers.  Whenever 
the  bay  opens  up  a  little  a  few  Golden-eyes  find  the  open  holes,  so  that 
it  would  seem  that  they  are  always  present  on  the  lake  in  winter. 
Late  fall  (November)  and  early  spring  (March),  however,  find  them 
most  abundant.  When  it  is  not  too  rough,  they  prefer  the  open  lake 
for  a  feeding-ground,  but  they  are  commonly  found  on  the  bay  also, 
and  occasionally  even  in  the  ponds.  As  a  rule  they  go  in  flocks  by 
themselves,  but  sometimes  occur  in  the  company  of  other  ducks,  the 
Lesser  Scaup  in  particular.  Numerous  flocks  were  noted  by  us  on  March 
38,  1900,  although  it  seems  probable  that  many  transient  birds  really 
arrived  somewhat  earlier,  inasmuch  as  the  latest  record  was  for  April 
13,  which  would  indicate  that  the  migration  extended  over  a  period  of 
only  about  two  weeks,  which  seems  too  short  by  comparison.  Accord- 
ing to  Mr.  Simpson's  experience,  however,  April  26  and  16  were  the 
latest  dates  for  the  spring  in  1902  and  1903.  Octolier  29,  1889,  is  the 
earliest  fall  record  available,  being  the  date  of  a  specimen  in  Mr.  Sen- 
nett's  collection.  In  the  fall  of  1900  the  first  birds  were  seen  Novem- 
ber 6.  All  the  male  specimens  examined  in  the  fall  were  in  the 
immature  plumage  save  one,  taken  November  16.  I.ater  in  the 
season  adult  birds  seem  to  be  somewhat  more  numerous, 
IC/angula  iilondiea.     Barrow's  Golden-eye. 

This  species  maybe  expected  to  occur  here  as  a  casual  winter  visitant.  The  nearest 
locality  at  which  it  has  been  taken  appears  to  be  I^rain  County,  Ohio,  (McConnick, 
Auk,  IX.,  1892,  397;  Jones,  Birds  0/  Ohio,  1903,  44).  Ccrlain  inlelligenl 
spoilsmen,  indeed,  have  informed  the  wriler  of  its  undoubted  occunence  at  Erie,  but 
in  the  absence  of  actual  specimens  the  records  are  nol  admitted.  The  adult  males  of 
this  species  may  be  distinguished  from  those  of  Clangula  clangula  amrricana  by  the 
gloss  of  the  head,  which  is  putple  and  violel,  rathei  than  gteen,  and  by  the  fan-shaped 
instead  of  rounded  white  spot  at  the  base  of  the  bill.] 

35.  Charitonetta  albeoia.     Buffle-head  Duck. 

Common  as  a  spring  and  fall  transient.  In  the  spring  of  1900  they 
were  found  tistially  in  small  parties  by  themselves,  although  during  the 
earlier  part  of  theirsojoitrn  they  were  often  met  with  in  larger  numbers 
associated  with  the  flocks  of  Scaup  Ducks.     Sometimes,  too,  they  were 


Todd  :   Birds  of  Erie  and  Presque  Isle.  523 

noted  in  the  ponds  with  other  ducks,  but  the  bay  seemed  to  be  their 
favorite  resort,  and  many  were  killed  here  ov^  decoys,  as  well  as  shot 
from  a  boat,  they  appearing  less  wild  than  most  ducks.  The  first  was 
recorded  March  23,  and  they  may  have  come  even  earlier,  (Mr.  Bacon's 
earliest  record  is.  March  11,  1899).  Early  in  April  the  period  of 
greatest  abundance  was  reached,  and  the  last  was  noted  on  April  20.  * 
In  the  autumnal  movement  they  were  not  observed  until  November  5, 
when  cold  weather  had  set  in,  but  were  common  during  the  remainder 
of  our  stay,  being  recorded  almost  daily  up  to  Novembr  16,  although 
here,  as  probably  also  in  the  case  of  numerous  other  waterfowl,  the 
last  date  of  record  by  no  means  approximated  the  real  date  of  depart- 
ure, since  Mr.  Bacon's  latest  date  for  this  particular  season  was  De- 
cember 15,  a  month  later,  while  a  specimen  in  Mr.  Sennett's  col- 
lection is  labeled  December  19,  1874.  Another  of  Mr.  Sennett's 
specimens  was  taken  October  31,  1875,  which  is  the  earliest  fall 
record  available.  Mr.  Simpson  recorded  this  duck  during  his  visit 
from  April  24  to  27,  1902,  this  constituting  the  latest  spring  record. 

36.  Harelda  hyemalis.     Long-tailkd  Duck. 

This  is  another  duck  of  common  occurrence  in  spring  and  fall,  being 
found  usually  in  small  parties,  or  in  flocks  of  moderate  size.  They 
were  noted  first  on  March  28  in  the  spring  of  1900,  becoming  com- 
mon during  the  first  half  of  April,  while  single  individuals  were  secured 
as  late  even  as  May  5  and  18.  Upon  their  return  in  the  fall  the 
earliest  record  was  made  October  18,  and  by  October  25  they  had 
reached  the  height  of  their  abundance.  Although  all  which  were  thus 
recorded  were  seen  on  the  bay,  it  is  evident  that  this  species  must  be 
far  more  numerous  on  the  waters  of  the  open  lake,  miles  off  the  shore. 
Here  the  birds,  in  diving  for  their  food,  get  entangled  in  the  immense 
gill-nets  set  by  the  fishermen,  and  perish  by  drowning.  In  lifting 
the  nets  their  bodies  are  removed,  and  as  a  rule  thrown  overboard, 
being  little  esteemed  as  food,  when  they  eventually  drift  to  shore,  to  be 
devoured  by  Crows  and  Bald  Eagles.  Many  thousands  are  thus  de- 
stroyed annually,  but,  singularly  enough,  no  other  species  of  duck 
seems  to  suffer  similarly,  unless  it  be  the  various  species  of  Scoters, 
but  the  proportion  of  these  thus  taken  is  inconsiderable.  Such  whole- 
sale destruction  as  this  involves  has  necessarily  operated  to  reduce 
their  numbers  materially.  Eight  or  ten  years  ago  these  birds  were  a 
pest  to  the  fishermen  of  Lake  Erie,   particularly  in  the  fall.     Mr. 


524  Annals  of  the  Carnegie  Museum. 

Bacon's  published  notes  on  this  subject  {Ornithologist  and  Odlogist^ 
XVIL,  1892,  45)  ajfe  to  interesting  that  they  are  here  reproduced 
entire  : 

''  Hiis  bird  is  in  my  opinion  the  most  abundant  duck  in  this  locality, 
during  migrations  generally  appearing  in  immense  flocks  after  a  blow. 
Last  November  [1891]  these  birds  were  caught  in  the  herring  nets  on 
Lake  Erie  by  the  thousand.  At  Dunkirk,  N.  Y.,  between  five  and 
seven  thousand  were  taken  at  one  haul.  At  this  port  (Erie)  the  larg- 
est haul,  to  my  knowledge,  was  eight  hundred.  A  very  few  American 
Black  Scoters  were  also  taken,  but  no  other  species.  Lake  Erie  is,  to 
be  sure,  a  shallow  lake,  but  the  fishermen  informed  us  that  most  of 
the  ducks  were  caught  when  the  nets  were  set  [in]  15  fathoms  (90  feet) 
of  water,  a  few  being  caught  in  18  or  20  fathoms.  One  captain  told 
me  that  he  caught  three  ducks  of  this  species  in  27  fathoms,  and  I  do 
not  doubt  his  word.  One  of  our  daily  papers  printed  a  long  article  on 
this  subject,  claiming  that  the  .fishermen  set  their  nets  on  purpose  to 
catch  ducks,  but  I  had  ample  proof  that  such  was  not  the  case,  for  the 
ducks  were  invariably  so  badly  entangled  in  the  nets,  as  to  cause  con- 
siderable trouble  in  getting  them  out ;  besides,  after  the  first  large 
haul  the  markets  were  glutted  in  all  directions,  and  many  were  thrown 
away. 

^<  This  bird  is  well  known  to  be  an  expert  diver,  yet  the  foct  that 
they  can  descend  to  such  depths  as  I  have  noted  seems  remarkable  to 
me.  Their  flesh  is  ver}'  poor,  still  it  seems  a  pity  that  they  should  be 
slaughtered  in  this  way,  and  while  I  do  not  think  they  are  liable  to  be 
exterminated,  last  fall's  catch  must  have  made  quite  a  diminution  in 
their  ranks.'* 

Feeding  as  they  do  mainly  on  the  lake,  and  flying  into  the  bay  at 
dusk  to  spend  the  night,  they  are  seldom  killed  by  gunners  in  any 
numbers,  and,  indeed,  they  are  not  worth  the  ammunition,  as  they  are 
too  fishy  for  table  use.  The  species  is  called  **  Pintail  "or  ''  Coween  *  * 
by  the  local  gunners,  and  exhibits  a  great  variety  of  plumages  in  the 
transition  from  the  winter  to  the  summer  dress,  and  vice  versa. 
Many  individuals  attain  a  practically  complete  breeding  plumage  before 
their  departure  in  the  spring,  which  does  not  finally  take  place  until 
about  the  first  of  June,  a  few  lingering  until  that  date  almost  every 
season.  The  single  specimen  in  Mr.  Sennett's  collection  was  taken 
at  the  remarkably  early  fall  date  of  September  13,  1876.  On  the 
other  hand,  they  may  winter  here,  occasionally  at  least.     Thus,  there 


Todd  :   Birds  of  Erie  and  Presque  Isle.  525 

are  specimens  in  the  Carnegie  Museum  shot  by  gunners  on  Erie  Bay 
on  January  20  and  29,  1901,  and  February  16,  1904,  respectively. 
Mr.  Bacon  writes,  that,  while  shooting  snipe  in  the  fields  April  31, 
1 90 1,  he  killed  one  of  these  ducks,  that  came  flying  overhead ;  with 
this  exception,  he  has  never  seen  one  away  from  the  lake  or  bay. 

[Histrioniats  histrionicHs.     Harlequin  Duck. 

There  appears  to  be  no  valid  Ohio  record  for  this  northern  species,  but  it  may 
occur  along  Lake  Erie  as  a  casual  or  accidental  winter  visitant. 

Somateria  dresseri.     American  Eider. 

This  is  an  essentially  marine  species,  which  occurs  **  south  in  winter  ...  to  the 
Great  Lakes"  [A.  O.  U.  Check- List  of  North  American  Birds,  1895,  57),  and  may 
be  expected  as  a  straggler  at  Erie  at  that  season.  ] 

37.  Somateria  spectabilis.     King  Eider. 

The  King  Eider  is  a  casual  winter  visitant  on  Lake  Erie,  there  be- 
ing records  from  Sandusky,  Cleveland,  and  Buffalo.  (See  Wheaton, 
Birds  of  Ohio^  1882,  536,  and  Allen,  Bulletin  Nuttall  Ornitho- 
logical Club,  v.,  1880,  62).  The  first  record  of  its  occurrence  in  the 
region  of  which  this  paper  treats  was  published  by  Mr.  George  B. 
Sennett,  whose  notes  {Auk,  VII.;  1890,  88)  are  herewith  quoted  en- 
tire:  **The  great  storm  of  Nov.  28  and  29,  1889,  on  the  Great 
Lakes,  brought  into  the  Bay  of  Erie  a  flock  of  fifteen  to  twenty  King 
Eider  Ducks.  They  were  seen  about  noon  of  Nov.  30  swimming 
in  close  to  the  Iron  Ore  Dock  where  numbers  of  men  were  at  work 
unloading  vessels.  The  hunters  were  soon  down  on  the  dock  with 
guns  and  others  put  out  in  boats.  So  fearless  or  stupid  were  the  Ducks 
that  it  was  no  trouble  to  shoot  them,  and  at  one  discharge  three  were 
killed.  Mr.  James  Thompson  very  kindly  took  two  of  the  birds  home 
with  him  and  telephoned  me  that  some  very  (jueer-looking  Ducks  had 
been  shot  that  day,  placing  at  my  disposal  the  pair  he  had  secured. 
The  next  day,  December  ist,  we  went  to  the  dock  and  to  all  the 
hunters  we  could  get  track  of  and  captured  all  the  specimens  that  had 
not  already  gotten  into  the  pot.  Out  of  fourteen  that  we  could  trace 
as  having  been  killed,  we  were  fortunate  enough  to  obtain  seven  in 
good  condition.  The  oldest  hunters  here  do  not  remember  to  have 
seen  any  of  the  kind  before.  They  call  them  Boobies,  the  same  name 
they  give  to  the  Surf  Ducks  that  are  frequently  taken  here.  No  other 
Ducks  were  seen  in  the  bay  when  the  Eiders  appeared.  They  are  in 
all  varieties  of  immature  plumage,  none  appearing  in  anything  like  the 
breeding  condition.     The  nearest  approach  to  it  was  one  male  that 


n-\:^^m 


526  Annals  op  the  Carnegie  Museum. 

showed  pearl-gray  mixed  with  dark  on  top  of  head ;  he  also  had  a  dia^ 
tinct  black  V-shaped  mark  on  the  white  throat.  The  other  males  had 
lu'owner  heads  and  fainter  black  V-shaped  throat  markings.  Of  the 
seven,  ^x  are  males,  and  one  a  female  in  good  typical  plumage.  I 
believe  that  none  of  this  species  has  been  recorded  as  taken  on  Lake 
Erie  since  1879,  when  eighteen  were  shot  at  Buffalo,  N.  Y.  (See 
note  by  J.  A.  Allen  in  Bu//,  Nutt,  Omith.  Club,  Vol.  V,  p.  6a. )*' 
Substantially  the  same  account  is  given  by  Dr.  Warren  {Birds  of 
Pennsylvania,  1890,  46),  who  adds  that  ''Two  hunters,  who  un- 
fortunately before  they  knew  we  were  anxious  to  preserve  the  ducks 
for  our  collections,  had  cooked  three  or  four  which  they  had  captured, 
said  the  dark-colored  flesh  was  tough,  stringy,  and  so  rank  and  unsavory 
that  they  could  not  eat  it."  There  are  four  of  the  above  birds  pre- 
served in  Mr.  Sennett's  collection,  including  the  one  female;  the 
others  evidently  went  into  Dr.  Warren's  possession.  To  the  above 
records  of  the  occurrence  of  this  species  at  Erie  the  writer  is  able  to 
add  two  more,  both  on  the  authority  of  Mr.  Bacon.  On  November 
i3»  1894,  five  of  these  birds  were  shot  on  the  bay,  one  of  which  he 
secured,  and  which  is  now  deposited  in  the  United  States  National 
Museum  (Biological  Survey  Collection).  Again,  on  December  30, 
1900,  another  specimen — one  of  two  seen  —  was  shot  on  the  lake 
east  of  the  city  limits,  and  this  also  came  into  Mr.  Bacon's  hands,  and 
thence  to  the  Carnegie  Museum,  where  it  is  now  mounted  in  the  Penn- 
sylvania  collection.     Both  specimens  were  immature  males. 

38.  Oidemia  americana.     American  Scoter. 

This  duck  has  been  observed  only  as  a  transient  late  in  the  fall, 
although  it  probably  remains  through  the  winter.  It  seems  to  be  the 
least  numerous  of  the  genus  here,  having  been  certainly  detected  on 
but  three  occasions.  One  was  shot  at  Crystal  Point,  November  13, 
1900,  and  another  near  the  Life-saving  Station,  November  17,  by 
gunners,  the  first  specimen  coming  into  our  hands.  Mr.  Simpson  re- 
ports one  taken  at  Crystal  Point,  November  10,  1903,  and  adds  that 
several  ducks  seen  by  him  off  the  outside  shore  about  this  time  were 
either  this  or  the  Surf  Scoter. 

39.  Oidemia  deglandi.     White-winged  Scoter. 

Fairly  common  as  a  transient  visitant  in  the  fall,  and  of  not  infre- 
quent occurrence  as  a  winter  resident,  but  seemingly  rare  in  the  spring. 
In  the  fall  of  1900  it  was  numerous  in  the  waters  of  the  lake  off  the 


Todd  :   Birds  of  Erie  and  Presque  Isle.  527 

outside  shore,  often  closely  associated  with  O.  perspicillata^  with  which 
it  was  found  in  mixed  flocks.  Such  were  first  noted  on  October  9, 
and  at  frequent  intervals  thereafter  until  October  27.  Occasionally 
single  birds  appeared  on  the  bay,  where  they  continued  to  be  seen 
until  November  19,  when  the  work  of  the  season  was  concluded. 
Mr.  Simpson  notes  that  specimens  were  shot  at  Crystal  Point,  Novem- 
ber 22,  1902,  and  November  13,  1903,  and  others  were  seen.  Mr. 
Bacon  reports  specimens  taken  November  6,  1894,  January  30,  1901 
(a  pair),  and  November  27,  1903.  The  only  spring  record  available 
refers  to  a  single  individual  seen  March  27,  1900,  in  a  flock  of  Lesser 
Scaup  Ducks  on  the  bay.  The  only  full-plumaged  bird  seen  by  the 
writer  from  this  locality  is  a  specimen  in  Mr.  James  Thompson's 
possession,  said  by  him  to  have  been  taken  late  in  the  fall,  about  1892. 

40.  Oidemia  perspicillata.     Surf  Scoter. 

The  general  notes  on  the  last  species  are  applicable  to  this  as  well, 
save  that  there  is  no  spring  record  in  the  present  case.  Flocks  were 
noted  on  the  outer  lake  from  October  9  to  November  5,  1900,  and 
a  single  bird  was  seen  as  late  as  November  13.  A  specimen  shot  on 
Horseshoe  Pond  November  7  was  the  only  one  identified  by  Mr. 
Simpson  during  his  visit  in  the  fall  of  1903.  In  Mr.  Sennett's  collec- 
tion there  is  a  female  taken  at  the  head  of  the  bay  October  17,  1875, 
while  Dr.  Warren  {^Birds  of  Pennsylvania,  1890,  48)  says  that  in 
January,  1890,  he  purchased  a  bird  of  this  species  from  a  hunter  who 
had  shot  it  on  the  bay,  where  a  flock  of  about  twenty  was  said  to 
have  been  seen.  All  three  species  of  Scoters  are  known  locally  as 
**  Boobies,"  and  are  little  esteemed  for  the  table. 

41.  Erismatura  jamaicensis.     Runnv  Duck. 

Occurs  as  a  transient  visitant  only,  far  more  numerous  in  the  fall 
than  in  the  spring,  although  as  a  species  much  less  common  than 
formerly.  We  did  not  notice  it  at  all  in  the  spring  of  1900,  but  Mr. 
Bacon  has  occasionally  observed  it  at  that  season,  and  Mr.  Simpson 
saw  two  adult  males  shot  by  gunners  April  13,  1903.  A  specimen  in 
Mr.  Sennett's  collection  is  marked  April  18,  1875.  Dr.  W^arren  re- 
marks {Birds  of  Pennsylvania,  1890,  49)  that  stragglers  are  occa- 
sionally observed  at  Erie  Bay  in  summer,  but  that  the  species  is  not 
known  to  breed  there,  while  Mr.  Bacon  records  a  single  female  (now 
in  the  Carnegie  Museum)  taken  June  8,  1892,  and  a  pair  observed 
May  29,    1904,   adding  that  these  are   the  only  ones  he  has  seen 


[IBS  ASNAUS   OF   THE   CARSEfilE    MUSEIIM. 

undeT  such  circumstances.  However,  the  breeding  range  of  this  ' 
duck  is  coextensive  with  its  geographic  distribution,  and  it  is  not 
impossible  that  it  should  have  nested  here  in  former  years.  In  the 
fall  movement  it  has  been  met  with,  according  to  Mr.  Bacon,  as 
early  as  September  27  (1893),  while  October  3,  1875,  is  the  date 
of  a  specimen  in  Mr.  Sennett's  collection.  October  is  evidently  the 
month  when  it  is  most  common.  In  the  fall  migration  of  1900  it  was 
most  frequently  observed  on  Misery  Bay,  where  the  first  was  seen 
October  r,  a  single  bird  in  coni]jany  with  a  Coot,  both  of  which  were 
secured.  By  October  it  it  had  become  quite  numerous,  and  was 
recorded  at  intervals  until  November  13,  It  was  found  sometimes 
singly,  but  more  often  in  twos  and  threes  or  even  larger  parties.  By 
the  gunners  it  was  called  "  Hardhead."  Most  of  the  specimens  ex- 
amined were  in  immature  dress.  Dates  of  last  appearance  in  other 
years  are  Novembers,  1894  (Bacon j,  and  November  la,  r903  (Simp- 
son). 

[ChtH  hyprrberca  HWalit.     Gkeatkr  SnOw  Coose. 

"Not  nirr  on  L^e  Erie,"  according  [a  Dr.  J.  M.  Wheaton  {BirJi  of  OAio, 
I S82,  5 1 S ) ,  nnd  bt  looked  for  as  a  casual  spring  ant]  fnll  tmnsienl.  The  Lesser  Snow 
G(H»«  {Chat  hyfirrborca)  may  sl.io  occur,  bill  the  lorger  form  is  the  one  more  likely 
lo  be  found.  Mr.  I.yudi  Jones  gives  b«tli  liimis  ns  occurring  in  a  number  of  counties 
\a  Obio  (S/rrfj  <•/  OAie.  1903,  48). 
Clitn  ctrultsetHs.      Blos  Goose, 

Another  gooae  whose  occmreiice  litre  as  a  cusuol  *isilBnl  mny  be  eiperled  in  spring 
and  fall,  "  A  spcdmeti  which  I  saw  in  Cinciimuti  was  said  lo  have  been  token  an 
Sandusky  Bay."  (\^"t™'  Birds  0/  Ohio,  1881.  5^0).  "Two  were  Capnired 
on  Ihc  Obrriin  waterworks  reservoir,  October  28,  1S96."  (Jones,  Bir.h  .</  OiU, 
1903,  49- ) 
Ansir  atbifrom  gambtli.      AMERICAN  White-FRONTEI>  GooSE. 

There  are  a  few  records  from  Ohio  given  by  Dr.  J.  M.  Wheaton  I^Birds  of 
Oliii.  1881,  518),  who  says  that  it  is  "more  common  on  the  lake  and  reservoirs 
than  elsewhere,"  so  that  it  is  not  unreasonable  to  look  for  its  casual  occurrence 
during  migration  at  Erie  also.] 

42.  Branta  canadensis.     Camada  Goose. 

The  Wild  Goose  is  a  regular  and  fairly  common  migrant  at  both 
seasons,  concerning  which  Mr.  Bacon  writes  as  follows :  "  Every  fall 
two  or  three  Geese  are  killed  about  the  bay  and  Peninsula,  but  in  the 
spring  they  keep  to  the  fields  (and  are  six  months  older  too!),  and 
are  seldom  brought  to  bag.  I  have  never  seen  them  during  the  winter, 
nor  earlier  in  the  spring  than  March  2  (1902).  Other  dates  of  ap- 
parent arrival  are  March  28,  1895,  March  13,  1897,  and  March   11, 


Todd  :   Birds  of  Erie  and  Presque  Isle.  529 

1898.  On  April  30,  1889,  I  saw  a  flock  of  a  dozen 'Geese,  and  on 
May  I,  1902,  a  single  pair ;  I  consider  both  of  these  very  late  records. 
A  flock  of  about  fifty  was  noted  October  20,  1899,  which  is  perhaps  a 
fair  average  date  for  the  arrival  of  the  species  in  the  fall."  During 
the  season  of  1900  it  was  observed  as  a  not  uncommon  transient,  but 
was  not  seen  to  alight,  the  flocks  passing  over  well  out  of  gunshot. 
The  first  spring  record  was  for  March  29,  when  a  flock  of  a  dozen 
birds  was  noted,  and  another  flock  of  the  same  size  was  seen  April  7. 
On  the  return  of  the  species  in  the  fall  October  26  and  27  were 
days  of  great  movement,  large  flocks  passing  southward  at  this  time. 
A  single  individual  was  seen  flying  south  November  13.  Mr.  Simp- 
son states  that  several  flocks  were  seen  passing  over  November  22, 
1902,  while  during  the  big  blow  of  April  26,  1902,  five  individuals 
were  observed. 

[Branta  canatiensis  hutchinsii.     HuTCHlNs'  Goose. 

This  form  resembles  the  Canada  (ioose  in  color,  but  is  smaller.  Dr.  J.  M.  Whea- 
ton  records  it  from  Sandusky  Bay  on  the  authority  of  Mr.  R.  K.  Winslow  [Birds  of 
Ohioy  1882,  522),  and  it  may  occur  occasionally  with  the  larger  form  at  Erie  also, 
although  specimens  would  be  required  to  settle  the  matter  beyond  dispute. 

Branta  bertticla  glaiico^i^astra.     Brant. 

Essentially  a  marine  species,  rare  in  the  interior.  The  Ohio  records  cited  by  Dr. 
J.  M.  Wheaton  {Birds  of  Ohio,  1882,  520)  are  admitted  by  him  to  be  rather 
unsatisfactory.  However,  it  is  apt  to  occur  along  Lake  Erie  as  a  rare  or  accidental 
visitor.  ] 

43.  Olor  columbianus.     Whistlinc;  Swan. 

A  rather  rare  and  irregular  spring  and  fall  visitant.  Mr.  Bacon  saw 
one  individual  on  the  bay  March  11,  1897.  Two  were  killed  in  1901, 
one  in  the  spring  (April?),  and  another  (an  immature  bird)  in  No- 
vember, which  latter  bird  is  now  in  the  Carnegie  Museum.  A  flock 
of  about  twenty  was  reported  by  Mr.  Faulkner  G.  Lynch  to  have  been 
seen  on  November  16  of  the  same  year.  Mr.  Simj)son  writes  that  or 
November  19,  1902,  he  saw  a  party  of  four  flying  down  the  bay  early 
in  the  morning.  The  latest  record  is  of  an  adult  in  full  phimage  shot 
by  a  gunner  on  March  30,  1904. 

\_Ohr  buccinator.     TRUMPETER  Swan. 

This  swan  may  be  of  casual  occurrence  here  as  elsewhere  in  the  Eastern  United 
States.  There  are  some  Ohio  records  (Wheaton,  Birds  of  Ohioy  1882,  5'^  5 
Jones,  Birds  of  Oliioy  1903,  51).  It  could  not  readily  be  distinguished  from  the 
other  species  in  life,  and  any  records  of  its  occurrence  must  rest  upon  specimens.  ] 


•J   sS.^fcT'"^^ 


-    ■'■A     ■-  ..  i"i-  „ 


080  Annals  of  the  Carnegie  Museum. 

44.  Botftorai  knticfaiotlit.    Amehican  Bittern. 

A  summer  resident  on  the  Peninsula,  feirly  common  for  m  q>ecies  of 
such  solitary  habits,  finding  congenial  haunts  in  the  rank  growth  of 
rushes  and  other  aquatic  plants  fringing  the  various  ponds,  huaH  not 
averse  to  bushy  places.  Although  no  nests  are  actually  known  to  hare 
been  found,  it  doubtless  breeds  in  such  situations,  where  it  has  been 
observed  in  every  month  from  April  to  October  inclusive.  The  ear- 
Uest  dates  of  arrival  are  those  borne  by  two  specimens  in  Mr.  Sen* 
nett's  collection,  marked  respectively  April  4,  1888,  and  April  10, 
x875*  ^'  Bacon  has  not  noted  it  earlier  than  April  13  (1895)  <Mr 
15  (1892).  In  the  spring  of  1900  its  first  recorded  appearance  wi^ 
on  April  17,  but  it  could  scarcely  be  said  to  have  reached  its  n<Minal 
summer  abundance  until  May.  The  latest  fall  records  are  October  36, 
1875  (Sennett) ;  October  28,  1893,  and  17,  1892  (Bacon).  We 
did  not  see  it  in  2900  after  October  6.  It  is  rare  anywhere  away  from 
the  Peninsula  save  during  migrations,  but  Mr.  Bacon  saw  one  in  a 
grassy  marsh  on  the  mainland  June  27,  1892. 

45.  Ardetta  esdlis.    Least  Biftern. 

This  diminutive  species  occurs  as  a  summer  resident,  more  common 
than  its  larger  relative,  but  unlike  it  never  observed  away  from  the 
tracts  of  rushes  and  marsh  grass  save  when  disturbed,  when  it  will 
occasionally  alight  in  the  shrubbery.  Yellow  Bass  and  Niagara  Ponds, 
accordingly,  are  the  ponds  where  it  is  most  numerous,  affording  as 
they  do  the  most  extensive  areas  of  this  kind.  A  number  of  individ- 
uals, two  of  which  were  secured,  were  noted  here  on  June  26  and  27, 
1899,  when  they  were  doubtless  breeding.  There  is  no  record  of  this 
bird  away  from  the  Peninsula  or  bay  shore,  nor  has  its  nest  been  found 
up  to  date,  although  search  at  t*he  proper  season  would  undoubtedly 
discover  it.  It  is  a  much  later  comer  than  the  American  Bittern,  the 
first  to  arrive  in  1900  being  recorded  May  21,  and  becoming  common 
soon  thereafter.  In  other  years  the  observed  dates  of  arrival  have  been 
May  24,  1875  (Sennett);  May  19,  1892,  May  25,  1893  and  1901 
(Bacon).  The  only  instance  of  its  occurrence  in  the  fall  which  was 
observed  related  to  specimens  secured  on  August  27  and  September  3 
respectively,  which  would  indicate  its  early  departure  at  this  season. 
September  7,  1892,  is  Mr.  Bacon's  latest  date,  but  in  1902  Mr. 
Simpson  reported  that  a  single  bird  had  been  seen  September  25. 

\_Ai(/^ttn  Hfoxena,    Cory's  Least  Bittern. 

This  species  (if  species  it  be)  has  been  found  near  Toronto,  also  in  Michigan,  and 
should  occur  at  Erie  at  least  as  a  transient.] 


Todd:    Birds  of  Erie  and  Presque  Isle.  531 

46.  Ardea  herodias.     Great  Blue  Heron. 

Although  this  species  occurs  through  the  summer  months,  it  is  not 

believed  to  breed  anywhere  in  the  vicinity,  no  nests  having  been  seen 

or  reported.     Individuals  may  be  found  any  day  in  July  and  August 

on  the  Peninsula,  on  the  outside  beach  as  well  as  about  the  ponds, 

while  during  migrations  in  spring  and  fall  it  is  tolerably  common  also. 

It  is  but  seldom  met  with  on  the  mainland,  although  an  occasional 

bird  has  been  noted  there  in  the  spring.     The  following  dates,  culled 

from  Mr.  Bacon's  note-book,  are  of  interest  as  indicating  its  times  of 

occurrence  and  migration:     May  30,   1901,  three   birds;  June  25, 

1900,  one  bird;  March  31,  1899;  March  27,  1902  ;  April  4,  1892  ; 

November    22,   1902.     During   the  spring   movement    it   sometimes 

occurs  in  flocks.     A  party  of  six  was  observed  April  12,   1900,  and 

Mr.  Simpson  writes  that  he  flushed  ten  birds  together  in  Niagara  Pond, 

April  14,  1903. 

[Herodias  egretta,     AMERICAN  Egret. 

Stragglers  may  be  expected  to  occur  in  this  region,  especially  in  late  summer  and 
early  autumn. 

Egretta  candidissima.     Snowy  Heron. 

Mr.  Sennett's  record  as  given  by  Dr.  Warren  [Birds  of  Pennsylvania ^  1890,  60) 
is  too  indefinite  as  to  the  exact  locality  to  warrant  the  inclusion  of  this  heron  in  the 
Erie  list.     If  it  occurs  at  all  it  could  only  be  as  a  summer  straggler  from  the  south. 

Florida  casrulea.     Little  Blue  Heron. 

Mr.  L.  M.  McCormick  notes  a  specimen  taken  near  Oberlin,  Ohio,  about  1882, 
[Auky  IX,  1892,  397),  and  it  is  apt  to  occur  at  Erie  also  as  a  straggler.] 

47.  Butorides  virescens.     Green  Heron. 

This  species  may  be  considered  a  common  summer  resident,  breed- 
ing in  suitable  situations  about  the  pools  and  along  the  streams  of 
the  mainland,  and  also,  according  to  Mr.  Bacon,  on  the  Peninsula, 
although  our  experience  in  the  spring  of  1900  would  scarcely  confirm 
such  a  statement,  as  the  bird  was  met  with  there  on  but  a  few  occa- 
sions during  the  entire  season.  The  first  spring  record  was  for  April 
19,  when  a  single  bird  was  seen  in  a  pool  in  an  open  woods  on  the 
ridge  south  of  the  city.  The  latest  record  was  for  August  29,  but 
doubtless  this  was  too  early  by  a  month. 

48.  Nycticorax  nycticoraz  nsevius.    Black-crowned  Night  Heron. 
**  Two  immature  Night  Herons,  said  to  have  been  killed  in  a  swamp 

in  this  neighborhood,  were  brought  to  a  local  taxidermist  a  few  years 
ago,  in  the  summer.*'  (Bacon.)  The  species  is  doubtless  to  be  listed 
as  a  rare  summer  resident. 


582  AXNAI-S   OF    THE    CaRNEGIE    MtSEl'M. 

49.  Rallus  elegaas.     King  Rail. 
A  rare  transient  visitaiH,  an  occasional  bird  having  been  taken  here. 

Mr.  James  Thompson  has  a  mounted  specimen  killed  by  him  about 
1S98,  late  in  the  fall.  He  has  never  seen  but  the  one,  while  Dr. 
Warren's  statement  (^Birils  0/  Pennsyhartia,  1890,  68)  that  Mr. 
Sennett  has  observed  it  in  Erie  County  as  a  spring  migrant  is  not  ] 
supported  by  specimens  in  Mr.  Sennett's  collection.  Mr.  Bacon 
never  met  with  the  sirecies  until  1902,  when  he  was  so  fortunate  as  to 
secure  three  specimens  (all  shot  on  the  mainland),  one  each  00  April 
17,  May  7,  and  September  13,  respectively,  the  one  taken  on  the  latter 
tlate  being  an  immature  bird.      All  are  now  in  the  Carnegie  Museum. 

50.  Rallus  Tirglnianus.     V<kginia  Rail. 

Occasional  as  a  summer  resident,  and  during  ihe  migrations  said  to 
be  regular  and  tolerably  common.  However  this  may  be,  in  1900  we 
recorded  it  only  as  a  rare  fall  transient.  What  was  probably  the  same 
individual  was  flushed  in  Niagara  I'ond  on  September  38,  October  i, 
and  October  4.  A  specimen  brought  us  September  39  constituted  our 
only  other  record.  .\s  to  its  nesting  here  there  is  no  question,  as  Mr, 
Bacon's  notes  attest ;  "  On  May  26,  1891,  I  found  a  nest  containing 
nine  eggs  in  a  swamp  west  of  the  city,  and  on  June  2,  1892,  I  found 
another  nest  in  the  same  marsh,  also  containing  nine  eggs.  April  18 
(1900)  is  the  earliest  date  upon  which  the  species  has  been  noted  in 
the  spring,  while  recorded  last  dales  are  October  25  (1901)  and  28 
(■893)." 

51.  Poizana  Carolina.     Sora  Kail. 

The  Sora  Rail  is  mainly  a  transient,  not  uncommon  in  the  spring, 
and  very  abundant  in  the  fall,  outnumbering  the  Virginia  Rail  ten  to 
one,  and  like  that  species  occasionally  remaining  through  the  breeding 
season.  Two  nests  have  been  found  by  Mr.  Bacon,  one  June  4,  1890, 
in  a  bunch  of  cat-tails  at  the  "  Head,"  containing  eleven  eggs,  the 
other  May  25,  1892,  in  the  same  marsh  where  the  Virginia  Rail  was 
found  breeding,  likewise  with  eleven  eggs.  March  31,  1901,  is  the 
earliest  record  of  the  arrival  of  this  species ;  this,  however,  is  very 
exceptional  indeed,  the  usual  date  ranging  from  April  27  (1895)  to 
May  5  (1892).  In  the  spring  of  1900  it  was  observed  by  us  on  but 
iive  occasions,  a  single  individual  having  been  met  with  in  each  case. 
The  first  was  on  May  10,  when  a  bird  was  killed  at  the  mouth  of  Mill 
Creek,  while  the  other  occurrences  were  all  on  Niagara  and  Yellow 


Todd  :    Birds  of  Erie  and  Presque  Isle.  533 

Bass  Ponds,  from  May  24  to  31.  Although  found  in  some  numbers 
in  all  the  marshy  spots  about  the  bay,  these  two  ponds  seem  to  be  the 
favorite  resorts  of  the  species  during  the  fall  movement,  offering,  as 
they  do,  the  best  and  most  extensive  tracts  of  suitable  covert,  the 
growth  of  wild  rice,  on  the  seeds  of  which  the  birds  feed,  constituting 
the  main  attraction.  They  were  already  present  on  August  20,  1900, 
when  our  fall  observations  began,  but  as  a  rule  the  first  great  flight 
does  not  take  place  until  about  September  i,  varying  only  a  day  or 
two  either  way,  on  which  occasions,  and  at  intervals  thereafter,  the 
birds  are  excessively  abundant,  and  very  large  bags  are  often  made 
by  gunners.  *'I  have  seen  the  time,'*  writes  Mr.  Bacon,  ''when 
Niagara  Pond  seemed  fairly  alive  with  them,*'  and  our  own  experience 
at  this  season  was  in  full  accord.  After  September  25  they  are  seen 
only  in  small  numbers,  while  October  25  (1893  and  1894)  is  as  late 
as  they  have  ever  been  observed,  and,  indeed,  in  1900  we  saw  none 
after  October  6.  An  adult  male  specimen  in  Mr.  Sennett's  series, 
taken  October  25,  1889,  is  evidently  melanic.  (See  Auk,  VII,  1890, 
71.)  This  rail  is  said  by  Mr.  Bacon  to  be  an  expert  diver  upon 
necessity,  as  for  instance  when  wounded  and  trying  to  escape. 

52.  Porzana  noveboracensis.     Yellow  Rail. 

The  credit  of  adding  this  interesting  species  to  the  fauna  of  Erie 
belongs  to  Mr.  Bacon,  whose  notes  are  herewith  transcribed  in  full : 
''A  rather  rare  spring  and  fall  migrant,  not  known  to  the  local  gunners, 
although,  like  myself,  they  must  meet  with  it  occasionally.  I  observed 
it  on  the  Peninsula  first  on  September  30,  1893.  In  the  fall  of  1894  I 
met  with  it  on  three  different  occasions  (October  15,  17,  and  19)  at  the 
mouth  of  Mill  Creek.  On  September  18,  1895, 1  took  a  single  specimen 
in  the  snipe  grounds  west  of  the  city,  and  on  April  27,  1896,  I  took  an- 
other at  the  same  place.  Again,  on  September  20,  1900,  I  shot  one  Yel- 
low Rail  at  the  mouth  of  Mill  Creek,  but  in  the  fall  of  1901 1  saw  and  se- 
cured more  than  in  all  previous  seasons  combined.  Evidently  a  small 
bunch,  perhaps  a  family  group,  stopped  in  the  snipe  grounds  (before 
mentioned)  west  of  the  city,  where  I  noticed  them  first  on  September 
25,  when  I  saw  three  and  secured  two.  (Previously,  however,  on  Sep- 
tember 15, 1  had  received  an  immature  bird  killed  by  a  local  gunner.) 
From  this  time  on  I  never  failed  to  start  one  or  two  Yellow  Rails  by 
hunting  through  this  grassy  spot  (marsh  grass,  cat-tails,  and  wild 
rice),  but  often  they  rose  so  close  at  hand  and   flew  such  a  short  dis- 


634  Annals  of  the  Carnegie  Museum. 

tance  that  it  was  out  of  the  question  to  shoot.  Eight  specimens  in 
all  were  secured,  the  last  on  October  29.  Seldom  were  more  than 
two  seen  at  once,  but  they  were  always  flushed  at  about  the  same  spot, 
and  I  am  inclined  to  think  that  I  secured  nearly  all  of  them.  The 
species  was  also  met  with  on  April  28,  May  3,  and  October  4,  1902, 
September  17,  1903,  and  April  23,  2904."  In  view  of  the  above 
&cts  it  would  not  be  surprising  if  this  rail  should  be  found  nei^ng 
here.  Two  of  the  specimens  taken  by  Mr.  Bacon  are  in  the  United 
^ates  National  Museum  (Biological  Survey  Collection),  while  most 
of  the  remaining  birds  are  preserved  in  the  Carnegie  Museum.  The 
series  exhibits  considerable  variation  in  plumage,  and  seems  to  show 
that  the  males  are  larger  than  the  females.  Two  fall  specimens,  evi- 
dently  immature,  are  very  dark-colored,  and  have  the  crown  and  sides 
of  the  head  prominently  spotted  with  white. 

[Farumajamaicensis.    Little  Black  Rail. 

Rare  as  the  Yellow  Rail  is  accoonted  to  be  in  most  localities,  this  diminatlve  spe- 
cies is  rarer  still.  Erie  is  possibly  a  little  too  fiv  north  for  it  to  be  found ;  but  so 
litde  is  known  concerning  the  exact  limits  of  its  distribation  that  it  may  yel  be 
detected  here.] 

53.  Gallintila  galeata.    Florida  Gallinule. 

Careful  search  was  made  for  this  species  in  1900  by  our  party,  bot 
without  success.  However,  Mr.  Bacon  enters  it  as  a  rare  and  irregular 
spring  and  &11  transient,  having  recorded  it  on  the  following  dates, 
in  every  case  on  the  Peninsula:  May  28,  1892,  August  29,  1894, 
September  3,  1900,  August  30,  1901,  and  October  2,  1902.  One  of 
these  birds  was  found  swimming  among  the  wild  rice,  the  others  were 
flushed  along  the  shore  of  the  ponds.  In  addition  to  the  above 
records,  a  specimen  was  brought  Mr.  Bacon  October  7,  1891,  which 
was  killed  in  the  fields  just  east  of  the  city.  It  seems  strange  that 
this  bird  is  so  rare  here,  and  has  not  been  found  breeding,  when 
Dr.  F.  W.  Langdon  has  noted  it  as  such  a  common  summer  resident 
at  the  head  of  Sandusky  Bay,  Ohio  {Journal  Cincinnati  Society  of 
Natural  History,  III,  1880,  228). 

54.  Fulica  americana.     American  Coot. 

So  far  as  known  the  Coot  is  a  transient  visitant  only,  uncommon  in 
the  spring,  but  quite  abundant  in  the  fall.  It  mainly  frequents  the 
ponds,  where  it  skulks  among  the  aquatic  plants,  less  frequently  the 
marshy  shores  of  the  Peninsula  and  the  waters  of  the  bay.  Usually 
it  is  found  singly  or  in  small  parties,  which  are  by  no  means  averse  to 


Todd  :    Birds  of  Erie  and  Presque  Isle.  535 

the  company  of  the  various  species  of  ducks  and  grebes,  but  during  an 
immense  flight  of  this  species  on  October  7,  1902,  as  many  as  seventy- 
five  were  seen  in  one  flock.  March  28,  189S,  appears  to  be  the 
earliest  recorded  date  of  arrival,  but  in  1900  we  saw  none  until  April 
10,  when  a  single  bird  was  met  with  in  a  flock  of  Black  Mallards. 
Others  were  seen  later  in  the  month,  and  one  was  shot  on  May  15. 
An  individual  seen  on  May  23,  24,  and  26,  when  it  was  finally  secured, 
was  in  worn  and  faded  plumage,  but  showed  no  signs  of  breeding. 
As  this  locality  is  well  within  the  known  breeding  range  of  the  species, 
the  only  reason  that  it  does  not  nest  here  would  seem  to  be  the  gen- 
eral publicity  of  the  place.  However,  it  has  been  observed  as  early 
on  the  return  movement  as  September  5,  1875  (Sennett),  and  Sep- 
tember 7,  1900  (Bacon),  but  does  not  become  common  until  October, 
and  remains  well  through  the  following  month,  the  latest  date  on 
record  being  December  6,  1900  (Bacon). 

55.  Crymophilus  fulicarius.     Red  Phalarope. 

This  is  more  of  a  maritime  species  than  the  other  phalaropes,  and 
inland  is  the  rarest  of  the  three  kinds.  It  occurs  at  Erie  as  a  very 
rare  transient.  In  Mr.  Sennett*s  collection  there  is  a  female  in  win- 
ter plumage  shot  October  10,  1899,  by  Mr.  James  Thompson.  Just 
six  years  later,  on  October  10,  1895,  Mr.  Bacon  secured  another 
specimen  at  the  mouth  of  Mill  Creek,  which  bird  is  now  in  the  Car- 
negie Museum.  These  examples  appear  to  constitute  the  first  authen- 
tic records  for  Pennsylvania,  although  the  species  has  been  noted  from 
both  sides,  at  Cleveland  and  Buffalo  (Wheaton,  Birds  of  Ohio,  1882, 
467,  and  Savage,  Auk,  XII,  1895,  313). 

56.  Phalaropus  lobatus.     Northern  Phalarope. 

**  At  Erie  bay  and  about  the  lake  shore  in  F>ie  county  this  phala- 
rope is  found  as  a  rather  regular  but  not  common  migrant,  seen  most 
frequently  in  the  fall."  (Warren,  Birds  of  Pennsylvania,  1890,  76.) 
To  support  this  general  statement  there  are,  however,  only  three 
records  positively  known.  Two  specimens,  females,  taken  Septem- 
ber 29,  1888,  and  October  10,  1889,  are  in  Mr.  Sennet's,  collection, 
while  a  third  specimen  was  secured  by  the  writer  at  the  mouth  of  Mill 
Creek  on  the  occasion  of  the  great  storm  of  August  29,  1893,  and  is 
now  deposited  in  the  U.  S.  National  Museum  (Biological  Survey  Col- 
lection). 


586  Annals  of  the  Carnegie  Museum. 

57.  Steganopus  trlcdar.    Wilson's  Phalarops. 

'  The  only  authority  for  the  inclusion  of  this  species  is  Dr«  Warren 
(^Birds  rf Penmylvama,  1890,  77),  who  sajrs  that  **  at  Erie  bay  small 
flocks  of  these  phakropes  are  sometimes  to  be  seen  in  the  &11  swim* 
ming  in  the  water  like  ducks."  No  specimens  are  known  to  be 
extant,  however,  but  for  the  present  the  record  may  be  allowed  to 
stand,  inasmuch  as  there  is  nothing  intrinsically  improbable  in  the 
occurreiice.  of  .the  species  at  this  point,  and  specimens  may  come  to 
hand  at  any  time.  Dr.  J.  M.  Wheaton  speaks  of  it  as  having  been 
repeatedly  taken  in  the  neighborhood  of  Cleveland  {Birds  of  Ohh^ 
1882,  464). 

\HimanUpH$  mexicanm.    Black-necked  Stilt. 

A  Mississippi  Valley  species,  casually  straying  eastward.  Dr.  J.  M.  Wheaton  9K<f% 
that  it  *'  has  been  repeatedly  taken  on  Lake  Erie,  as  I  am  informed  by  Mr.  Wioslow/' 
{Birds  of  OAio,  1882,463. )  There  are  no  recent  records  known  to  the  writer  &om 
this  general  region.] 

58.  PhUohela  minor.    American  Woodcx>ck. 

A  summer  resident,  according  to  our  observations  not  very  common 
on  the  Peninsula  in  view  of  the  apparent  adaptability  of  the  place  to 
its  needs.  It  was  met  with  on  two  occasions  by  the  writer  on  Jnne 
26,  1899,  and  in  1900  a  pair  must  have  had  a  nest  near  the  foc^  of  the 
board-walky  as  they  were  repeatedly  flushed  there,  and  on  May  9t  two 
young,  but  a  few  dajrs  old,  were  discovered.  They  were  odd  look- 
ing little  fellows,  covered  with  down  of  two  shades  of  reddish-brown, 
and  were  able  to  run  about  and  utter  a  weak  peeping  cry.  May  29 
what  were  presumably  the  same  birds  were  again  seen,  then  much 
larger  and  more  active.  Mr.  Bacon  contributes  the  following  inter- 
esting observations  on  this  species  :  **  Common  as  a  summer  resident, 
arriving  the  latter  part  of  March  (March  23,  1901),  and  staying  until 
the  first  severe  weather  in  November,  my  latest  record  being  November 
14,  1 90 1.  Erie  County  contains  some  very  good  Woodcock  ground 
for  both  summer  and  fall  shooting.  In  favorable  seasons  a  good  many 
broods  are  raised  in  the  vicinity  of  Erie,  particularly  on  the  Peninsula. 
As  a  rule  they  are  well  grown  by  the  first  of  July,  but  I  have  seen 
young  birds  at  that  time  scarcely  able  to  fly.  A  single  Woodcock 
may  happen  to  be  found  almost  anywhere,  particularly  during  the  fall 
migration.  For  instance,  such  places  as  a  fence-row,  cornfield,  brier- 
patch,  orchard,  or  thicket  may  harbor  a  single  bird,  but  to  find  any 
number  together  it  is  necessary  to  traverse  a  growth  of  young  poplars. 


Todd  :    Birds  of  Erie  and  Presque  Isle.  537 

and  if  such  be  overrun  with  goldenrod  it  is  all  the  more  apt  to  prove  a 
favorite  haunt.  In  such  a  spot,  during  the  migration,  a  dozen  birds 
may  be  killed,  apparently  depopulating  the  place,  and  yet  the  next 
day  there  may  be  as  many  birds  as  ever,  the  result  of  an  influx 
during  the  intervening  night.  In  large  tracts  of  second-growth  there 
are  often  found  particular  spots,  seemingly  no  better  for  Woodcock 
than  a  hundred  other  similar  places,  where  the  birds  will  be  found 
with  certainty  day  after  day,  unless,  indeed,  the  ground  be  flooded.'* 

59.  Gallinago  delicata.     Wilson's  Snipe. 

Common  as  a  transient  visitant,  and  rare  as  a  summer  resident. 
According  to  Dr.  Warren  {^Birds  of  Pennsylvania ^  1890,  81),  **Mr. 
Samuel  Thompson,  of  Erie  city,  reports  having  discovered  a  nest  and 
four  eggs  in  June,  1889,  in  a  swamp  near  the  Erie  county  poor-house," 
while  Mr.  Bacon  also  records  it  (on  the  authority  of  Mr.  George  C. 
Russell)  as  nesting  elsewhere  in  the  county,  outside  the  limits  of  the 
present  paper,  however.  This  observer  writes  as  follows  of  his  exten- 
sive experience  with  the  present  species:  **The  county  in  general, 
and  the  lake  shore  plain  in  particular,  contain  much  excellent  snipe 
ground  in  the  spring,  but  in  the  fall  the  fields  are  seldom  flooded,  and 
being  very  grassy,  do  not  furnish  inducements  for  the  birds  to  alight. 
The  Peninsula  on  the  contrary  is  better  ground  in  the  fall  than  at  the 
other  season,  as  the  close  of  winter  finds  the  edges  of  the  ponds  so  bare 
that  there  is  no  cover  for  even  a  snipe.  From  my  notes  on  the  migra- 
tion of  this  species,  covering  over  ten  years,  I  find  that  the  date  of  its 
arrival  on  an  average  falls  in  the  last  week  of  March,  March  13  (1903) 
being  the  earliest  and  April  10  (1896)  the  latest  date  respectively. 
The  bulk  of  the  birds  pass  through  in  April,  and  not  a  few  linger  into 
the  following  month  for  a  week  or  more,  or  until  May  7  (1892  and 
1898)  to  May  17  (1S94).  Its  return  in  the  fall  is  seldom  delayed 
beyond  the  last  week  in  August,  my  earliest  record  being  August  18 
(1896)  and  my  latest  September  15  (1899),  while  it  lingers  as  a  rule 
until  the  first  week  in  November,  the  records  ranging  between  October 
19  (1898)  and  November  21  (1899).  A  curious  partial  albino  [now 
in  the  Carnegie  Museum]  was  shot  May  7,  1892."  According  to  our 
observations  in  1900  this  bird  is  by  no  means  so  numerous  on  the 
Peninsula  as  the  local  conditions  would  seem  to  warrant.  Single 
individuals  were  met  with  as  a  rule,  more  rarely  small  flocks  or 
"wisps,"  always  on  the  edge  of  the  ponds,  from  April  20  to  May  10 


688  Anmals  of  the  Cakmegie  MusEtnt. 

in  the  sptiag,  and  from  August  33  to  October  3  in  the  &11,  at  wUdi 
season  it  was  moat  nnmenns,  however,  in  September. 

60.  Kacraluu&phtu  sriaetu.    Red-breasted  Ships. 

Occurs  as  a  rare  transient  visitant,  being  mentioned  hj  Dr.  Wan«n 
w  having  been  taken  here  {^Sirds  of  Pennrfhama,  1890,  83),  dotdM- 
less  on  Mr.  Sennett's  authoritf,  although  there  is  no  specimen  in  Ifae 
Senoett  collection.  Concerning  the  single  spedmea  in  the  Carnegie 
Museum  Mr.  Bacon  speaks  as  follows : ,  '<  While  hunting  in  the  Sdds 
west  of  the  city  July  19,  1899,  a  single  shore-bird  whose  noie  was 
unfomiliar  to  me  flew  by  and  alighted  perhaps  a  mile  away.  Follow- 
ing up  I  came  upon  it  again  at  the  edge  of  a  pool,  and  was  successful 
in  securing  die  bird,  which  proved  to  be  of  the  ptesent  species.  Since 
that  time  I  have  seen  one  or  two  individuals,  believed  to  have  been  of 
this  species,  at  the  mouth  of  Mill  Creek." 
\MiHr»rkamphut  tteUpactm.     Long-billed  DowrFCHKi. 

Thii  bird  ihoold  be  locked  for  dniing  the  migratknu.  It  hu  ocCDncd  irt  Straw- 
beiT7  Iiland  in  the  Ifiagani  River  ^Sttnge,  Ank,  XII,  1S95,  313).] 

61.  Mloopalamjt  himantopni.    Stilt  Sandpiper. 

This  interesting  species  must  be  listed  as  an  irregular  visitant  in  the 
bll.  It  may,  indeed,  occur  every  season,  but  gunnen  would  accroely 
distinguish  it  &om  the  Lesser  Yellow-legs,  with  which  it  is  often  Immd 
associated.  It  was  first  observed  in  this  locality  by  Mr.  Bacon  and 
the  writer  at  the  time  of  the  great  storm  of  August  39,  1893,  on  which 
date  five  specimens  were  taken  from  a  small  flock  at  the  mouth  of  Mill 
Creek.  On  September  1 3  of  the  same  year  Mr.  Bacon  secured  a  single 
bird,  and  another  on  the  day  following.  It  was  not  again  met  with 
until  August  31,  1895,  when  he  shot  eight  specimens  out  of  a  flock  of 
forty  birds,  at  least  half  of  which  were  I,esser  Yellow-legs,  These  were 
all  obtained  at  the  mouth  of  Mill  Creek.  Since  that  time,  however, 
it  has  been  detected  on  the  Peninsula  also,  about  the  ponds,  where 
one  specimen  was  taken  August  7,  1901,  and  a  second,  an  adult  bird 
still  retaining  much  of  the  summer  plumage,  on  August  >o  of  the 
same  year. 
6z.  Tringa  canutus.     Robin  Sandpiper  ;  Knot. 

Although  given  by  Dr.  Warren  {^Btrds  of  Pennsylvania,  1890,  84) 
as  a  regular  and  somewhat  common  visitor  at  this  locality  in  spring 
and  fall,  this  species  has  been  rarely  observed  of  late  years.  A  pair, 
shot  on  the  Peninsula  September  17,  1875,  are  all  that  are  in  Mr. 
Sennett's  collection.     On  August  27,  1895,  Mr.  Bacon  took  a  single 


Todd  :    Birds  of  Erie  and  Presque  Isle.  539 

bird  on  the  outside  beach,  and  on  August  30  of  the  same  year  exam- 
ined two  others  which  had  been  shot  on  the  beach  near  the  **  Head.'* 
One  other  was  secured  August  29,  1896.  Mr.  Simpson  killed  a  single 
bird  from  a  flock  of  Killdeer  Plover  on  September  10,  1900,  also  on 
the  outside  beach.  These  are  all  the  available  positive  records  of  the 
occurrence  of  the  species. 

63.  Arquatella  maritima.     Purple  Sandpiper. 

Nothing  is  known  of  the  occurrence  of  this  sandpiper  here  beyond 
the  brief  statement  made  by  Dr.  Warren  {^Birds  of  Pennsylvania ^  1890, 
84)  :  **Mr.  George  B.  Sennett,  of  Erie  city,  mentions  it  as  a  strag- 
gler in  his  locality.*'  There  is  one  record  for  Cleveland,  Ohio,  given 
by  Dr.  J.  M.  Wheaton  {Birds  of  Ohio,  1882,  476).  The  species 
should  be  looked  for  in  November  and  December,  along  the  outside 
beach. 

64.  Actodromas  maculata.     Pectoral  Sandpiper. 

The  following  account  of  this  species  is  taken  from  Mr.  Bacon's 
notes:  *'The  Pectoral  Sandpiper  is  a  transient  visitor,  irregular,  but 
sometimes  fairly  common  in  the  spring,  more  abundant  and  regular  in 
the  fall.  At  the  former  season,  if  found  at  all,  it  occurs  in  flocks 
numbering  from  twenty  to  forty  or  fifty  birds,  feeding  in  wet  places 
in  the  fields.  I  have  met  with  it  repeatedly  during  the  last  week  in 
March,  my  earliest  record  being  March  23,  1895,  but  usually  it  is 
most  numerous  in  April,  while  the  latest  spring  record  is  May  4, 
1893.  For  the  autumnal  movement  July  31,  1897,  is  the  earliest 
date ;  this,  however,  is  decidedly  exceptional,  the  usual  date  of  its 
arrival  ranging  between  August  20  (1896  and  1901)  and  September 
4  (1894).  The  migration  continues  usually  until  the  middle  of  Oc- 
tober and  occasionally  even  later ;  thus,  I  have  noted  birds  on  Octo- 
ber 31,  1895,  and  November  3,  1894.  At  this  season  it  is  found  in 
flocks  seldom  exceeding  a  dozen  birds,  frequenting  the  edges  of 
the  ponds,  and  the  marsh  at  the  mouth  of  Mill  Creek  in  particular. 
It  does  not  take  to  cover  like  the  Wilson's  Snipe,  but  stands  so  still 
and  quiet  that  it  is  seldom  seen  until  it  flushes.  It  is  a  hard  flier  and 
single  birds  afford  good  sport."  This  sandpiper  is  rarely  found  on 
the  outside  beach.  One  was  shot  there  on  September  10,  1900,  by 
Mr.  Simpson,  which,  with  another  taken  by  Mr.  Worthington  on  Big 
Pond,  October  31,  constituted  our  only  record. 


640  AmfAts  OF  the  Carneqie  Museum. 

ds.  Acladfwuui  faiefeoUit.    WHrrs-Ruif fed  Sakdpipbr. 

One  of  the  nuor  transients  among  the  shore-birds.  The  fi^bofwii^ 
specimens  aie  in  Mr.  Seiinett's  series :  one,  October  23, 1874,  '*  head 
cfbajr";  two,  June  4,  18751  ''on  the  Peninsula" — ^the  onljr  qpiii^ 
•  record,  and  a  very  bUe  date — and  one  October  29,  1889.  The  a|>e* 
des  was  noted  by  the  writer  as  quite  common  on  the  occasion  of  die 
great  storm  of  August  29,  1893,  when  it  was  found  in  small  flocks  at 
the  mouth  of  Mill  Creek,  feeding  in  the  muddy  slime,  and  very  tasae 
and  nnsusptcious.  Since  then  Mr.  Bacon  has  met  with  it  a  few  times 
at  the  same  place.  October  ix,  1894,  he  shot  a  single  spectmiexiy 
also  again  on  September  28,  1895.  On  October  9  and  io,  x895»  he 
secured  two  birds  each.  In  the  fell  of  1900  a  single  specimen  was 
secured  (on  the  outside  beach)  by  Mr.  Worthington  on  Octobo:  15. 

(^.  Aclodiomaa  balxdii.    Baird's  Sandpiper. 

Baird's  Sandpiper,  essentially  a  bird  of  the  interior,  and  recorded 
but  once  from  Pennsylvania  previously  (Todd,  Auk^  VIII,  1891, 
240),  proves  to  be  a  species  of  moderately  common  and  presumably 
regular  occurrence  as  a  fall  migrant  at  this  locality.  It  is  found  singly 
or  in  pairs,  always  on  the  outside  beach,  and  occasionally  in  the  com- 
pany of  other  shore-birds.  September  seems  to  be  the  monA  when 
its  migration  is  mainly  performed,  the 'earliest  birds  having  been  noted 
in  X900  on  September  5,  and  the  last  September  29.  In  addition  a 
single  specimen  was  secured  as  late  as  November  2,  but  its  condition 
indicated  that  it  had  been  wounded  and  thus  unduly  delayed.  Mr. 
Bacon  has  observed  the  species  on  the  following  dates :  August  24, 
1892;  September  16,  1893;  September  i  and  7,  October  5,  1894  ; 
October  3,  1895;  September  11,  1897;  August  22  (the  earliest 
record),  September  i  and  5,  1902.  He  does  not  recall  having  seen 
more  than  a  pair  together. 

67.  Actodromas  minutilla.     Least  Sandpiper. 

This  diminutive  shore-bird  has  been  observed  as  a  transient  visitant, 
quite  common  in  both  spring  and  fall.  It  may  be  looked  for  almost 
anywhere  about  the  bay  where  there  is  a  mud-flat,  or  where  the 
aquatic  weeds  cast  up  by  the  waves  thickly  strew  the  outside  shore,  and 
it  is  occasionally  found  in  flooded  fields  also.  On  its  way  northward 
it  passes  through  in  May,  the  earliest  arrivals  in  1900  having  been 
observed  May  8,  while  from  Mr.  Bacon's  notes  we  learn  that  May  24 
(1893)  is  the  latest  date  at  this  season.     It  returns  in  August,  the 


Todd  :    Birds  of  Erie  and  Presque  Isle.  541 

earliest  record  being  August  13,  1902,  and  usually  is  present  through 
most  of  September,  and  even  until,  in  one  instance,  as  late  as  October 
3  (1895).  The  season  of  1900  for  some  reason  seemed  to  have  been 
an  unfavorable  one  for  this  species,  as  it  was  not  very  common  in  the 
spring,  when  it  was  noted  only  at  the  mouth  of  Mill  Creek  from  May 
8  to  16,  and  but  one  bird  was  seen  in  the  fall  (August  23).  More- 
over, no  flocks  of  any  size  were  observed,  single  individuals  or  small 
parties  being  the  rule. 

68.    Pelidna  alpina  sakhalina.     Red-backed  Sandpiper. 

Tringa  (Pelidna)  alpina  sakhalina  BUTURLIN,  Auk,  XXI,  1 904,  253. 
Pelidna  alpina  sakhalina^  A.  O.  U.  Check-List,  Auk,  XXI,  1904,  412. 

Quite  common  as  a  transient  visitor  in  the  fall,  but  rare  in  the 
spring.  Some  birds  believed  to  have  been  of  this  species  were  noted 
as  early  in  1900  as  August  22,  27,  and  31,  in  company  with  other 
shore-birds,  but  no  others  were  seen  until  October  11,  when  one  speci- 
men was  taken.  It  was  observed  at  frequent  intervals  on  the  outside 
beach  up  to  November  3,  the  days  of  greatest  movement  being  October 
25  and  26,  when  flocks  of  considerable  size  were  met  with.  Single 
individuals  taken  on  November  15  and  16  had  been  previously 
wounded,  which  may  account  for  the  lateness  of  their  stay.  All  the 
specimens  secured  were  in  full  winter  plumage.  Mr.  Bacon's  notes 
on  the  present  species  are  of  great  interest  as  showing  its  quondam 
abundance,  as  well  as  the  reason  for  the  decrease  in  its  numbers.  **  In 
former  years  extensive  flights  took  place  about  the  first  of  November, 
upon  which  occasions  bushels  of  them  are  said  to  have  fallen  to  a  single 
gun.  During  these  great  flights  the  flocks  were  accustomed  to  follow 
the  outside  beach  of  the  Peninsula  (having  presumably  come  directly 
across  the  lake)  to  its  southeastern  extremity,  thence  crossing  over  to 
the  sand-beach  east  of  the  mouth  of  Mill  Creek,  where,  after  having 
been  sadly  depleted  by  dozens  of  guns,  they  would  Anally  rise  high  in 
the  air  and  pass  southward  over  the  mainland,  flock  following  flock 
all  day  long.  I  know  this  by  hearsay  only,  but  am  positive  that  this 
is  the  bird  that  used  to  arrive  in  such  numbers  late  in  the  fall.  On 
October  29,  1897,  I  killed  fifty-three  of  these  birds  out  of  two  flocks, 
comprising  in  all  perhaps  as  many  more,  and  this  is  the  nearest  ap- 
proach to  a  flight  that  has  occurred  of  late  years.  Every  season,  how- 
ever, numerous  small  flocks  are  found,  appearing  sometimes  as  early 
as  the  first  week  in  October  (October  2,  1894;  October  3,  1895  ; 
October  6,  189 1),  but  more  commonly  toward  the  latter  part  of  the 


MS  AnuLS  or  the  Carkcgie  Mssemt. 


■lODdi.  November  9,  1894,  «  my  btert  fiJI  iccord.  The  spring 
lecoidi  aie  few  indeed.  I  tocA  a  tpeemea  Hay  16,  1892,  and  on 
Maj  19,  1896, 1  WKw  a  flock  of  pobqw  ftwtjr  Iwd^  and  with  the  son 
j^imtmnJBj^  BOW  <m  &ax  Ftd  backs,  and  then  on  didr  black  breasts,  as 
tfaej  ended  bKk  and  fiKdi  after  the  maimer  erf  GoUeo  Plorer,  it  was 
a  1^^  not  won  to  be  fngotten.  On  April  ai,  1900,  I  aav  one  of 
dMae  bird*  wbidi  had  been  killed  in  the  SeMs;  aside  from  Oaa  I  have 
nerer  known  them  to  be  met  with  awaj  fiom  the  lake.  Hietr  SaA  I 
oonsderTciT  &r  fiom  being  a  ddincy,  taating  mjbibf  in  ftct." 
lir.  Sennrtt'a  odlecdon  affmds  two  additional  ^ring  iccxwda :  H^ 
23,  187s  (two  qiecimens),  and  itaj  15,  1889.  There  Is  alM>  one 
^ledmen,  taken  September  11, 1875,  in  his  series,  while  Hr.  Staspaosi 
leptvls  sin^  spedmens  sccnied  onSqitember  35  and  »6,  1903,  diene 
beii%  the  earliest  anthentic  fiUl  records. 

69.  beonetes  pnrilliia.    Sehipalmated  Samdpi^k. 

A  very  common  transient  in  the  &11,  but  spring  recorda  seem  to  be 
few.  A  sing^  bird  was  seen  Hay  23,  1900,  and  in  Ox.  Senntt'a 
coDectton  there  is  a  bird  taken  at  the  remarkably  late  date  oi  Jnne  4, 
1875.  In  1900  Mr.  Bacon  met  with  it  in  the  Ul  morement  as  cnriy 
as  Jnly  37,  and  on  Aagnst  32,  when  our  work  bq^,  it  was  alrady 
common,  coDtJDinng  in  varying  nn^iben  ontil  September  27,  after 
which  date  no  more  were  observed.  It  was  found  both  sing^  and  fat 
flocks,  very  often  in  the  company  of  other  shore-birds,  fitquenting 
the  outside  beach.  On  August  29, 1893,  it  was  common  at  the  month 
of  Mill  Creek,  and  an  unusually  large  flock  was  seen  on  the  sand- 
beach  at  the  Soldiers'  Home  grounds.  This  species  and  the  L.east 
Sandpiper,  which  it  so  much  resembles  in  size  and  coloration,  are  not 
distinguished  from  each  other  by  Ihe  gunners,  both  passing  under  the 
name  of  "Peep,"  and  being  slaughtered  for  sport  whenever  the  oppor- 
tunity offers.  The  Carnegie  Museum  has  an  interesting  albino  speci- 
men of  this  sandpiper,  taken  by  Mr.  Bacon  August  15,  1894;  it  is 
white,  lightly  washed  with  rusty  on  the  crown,  back,  wings  and  tail. 

[Erfunelis  oecidenlati!.     Western  Sandpiper. 

Many  small  sandpipers,  killed  by  gunners  and  by  our  own  party,  were  examined 
in  the  hope  of  finding  specimens  of  Ihis  species  among  ihem,  but  Done  were  foDnd- 
Still,  il  may  yet  be  detected  as  an  accidental  fall  migrant] 

70.  Calidris  arenarla.     Sanderlixg. 

The  Sanderling  is  without  question  the  most  abundant  of  the  migrat- 
ing shore-birds  in  the  fall,  although  it  has  not  been  observed  in   the 


Todd  :    Birds  of  Erie  and  Presque  Isle.  543 

spring.  July  27  was  the  date  of  its  arrival  in  1900  as  recorded  by 
Mr.  Bacon,  and  it  was  present  and  common  on  August  22  when  our 
fall  observations  began.  There  was  no  noticeable  decrease  in  its 
numbers  until  October,  and,  indeed,  it  continued  a  frequent  and  fairly 
regular  visitor  up  to  October  27.  In  addition  a  single  bird,  to  all  ap- 
pearances well  and  unhurt,  was  taken  as  late  as  November  16.  It  was 
met  with  exclusively  on  the  outside  beach,  and  there  were  not  a  few 
days  when  it  was  the  only  shore-bird  seen  there.  Single  birds,  or  two 
or  three  together,  were  often  found,  but  as  a  rule  it  was  observed  in 
flocks  of  a  dozen  or  thereabouts,  keeping  close  to  the  edge  of  the 
water,  running  down  and  back  again  with  the  recession  and  advance 
of  the  waves,  ceaseless  in  activity  and  graceful  in  every  movement. 
The  flocks  of  old  birds  met  with  earlier  in  the  season  were  sometimes 
difficult  to  approach,  but  the  young,  which  alone  were  found  after  the 
first  of  September,  were  usually  quite  unsuspicious,  and  would  often 
come  within  a  few  yards  if  the  observer  remained  perfectly  still.  A 
flock  of  about  two  dozen  birds  was  seen  on  the  mud-flats  at  the  Soldiers* 
Home  grounds  during  a  brief  visit  made  there  by  the  writer  on  August 
22,  1903,  this  being  the  only  time  the  bird  was  ever  noted  away  from 
a  sandy  beach.  Mr.  Bacon  notes  that  it  usually  appears  sometime  dur- 
ing the  first  half  of  August,  and  says  that  he  has  seen  it  as  late  as  October 
27  (1893).  Mr.  Sennett  has  a  specimen  taken  November  i,  1874, 
and  Mr.  Simpson  shot  one  November  17,  1902.  **  On  September  16, 
1900,  I  observed  several  feeding  on  a  dead  fish,  and  seemingly  fight- 
ing over  it."  (Bacon.) 

\^Limosa fecioa .     Marrled  Godwit. 

'*  Mr.  George  B.  Sennett  informs  me  stragglers  are  occasionally  taken  in  Crawford 
and  Erie  counties."  (Warren,  Birds  of  Pennsylvanui^  1890,  88. )  The  exact  locality 
to  which  this  note  pertains  cannot  now  be  ascertained,  although  the  statement  may 
well  refer  to  the  vicinity  of  Erie.  In  this  connection  also  it  may  be  noted  that  Mr. 
Sennett  even  gives  this  species  as  breciiinj^  in  Western  Pennsylvania  ( Elliot,  North 
American  Sliore  Birds ^  1 895,  1 05). 

Limosa  Jucmastica,     Hudsonian  Godwit. 

This  species  may  occur  as  a  casual  or  accidental  visitant.  It  has  been  noted  on 
Lake  Erie  near  Cleveland  (Wheaton,  Birds  of  Ohio,  1882,  481).] 

71.  Totanus  melanoleucus.     Greater  Yellow-legs. 

A  regular  transient,  occurring  in  moderate  numbers  both  in  spring 
and  in  fall,  although  never  so  plentiful  as  the  Lesser  Yellow- legs,  in 
the  company  of  which  it  is  occasionally  found.  More  than  a  half 
dozen  in  any  one  flock  have  not  been  observed,  single  birds  and  pairs 


6W  Annais  of  the  Caknsgh  MtsEt'M. 

being  the  mle.  '*  iisrch  38, 1903,  wm  an  e<ccepiionall>-  early  dale  of 
fiiit  xppetaawx  in  the  spring,  n  tbef  nstnlly  arrive  sometime  during 
April  [April  13,  1889  (Seonett) ;  April  16,  1900],  raaoy  lingering 
irdl  into  the  ftdlowing  month  befine  finally  jjassing  northward  [May 
10,  1900J,  ■ometime*  even  imlil  Maj  aj  (1895).  I  secured  one 
qiedmen  Jnl^  28, 1896,  and  at  that  time  thought  the  date  verj-  unusual 
indeed ;  I  bare  lince,  however,  seen  then)  in  August  several  limes. 
Their  mignUion  continues  through  September  and  most  of  October 
and  even  occanonallj  into  November  (November  4,  1893),  but  at  no 
time  does  there  seem  to  be  any  concerted  movenieni  among  tbeiu,  in- 
nrinitg  ""'^"^  flights  on  certain  days,  is  with  many  other  shore- 
birds."  To  Hr.  Bacon's  notes  above  quoted  may  be  added  Mr. 
Simpson's  record  of  a  bird  seen  fljring  over  ai  Crystal  Point,  Novem- 
ber 18,  1902.  In  1900  onr  earliest  &11  date  was  August  35,  and  the 
latest  October  31.  The  length  of  the  period  of  migiitiiHi  in  dais 
qieoea  on  its  southward  movement  is  remarkable,  and  equaled  in  die 
CaK  of  but  few  other  birds.  They  seem  to  be  about  equally  partial  to 
the  mud-fiats  at  the  mouth  of  Mill  Creek,  the  out^de  sand-beach,  and 
die  maisby  edges  of  the  various  ponds,  and  even  at  times  the  flooded 
fields  of  the  roainlaDd.  As  a  rule  they  are  shy  and  difficult  to 
approach. 
73.  Totuitts  flavlpeB.    Lesser  Yellow-legs. 

Like  its  larger  congener,  the  present  species  is  a  trannent  visitor  in 
spring  and  fall,  but  is  more  numerous,  at  least  at  the  former  season, 
occurring  more  plentifully,  perhaps,  than  any  other  shore-bird  of  equal 
size.  The  marshes  and  mud-flats  at  the  mouth  of  Mill  Creek  are  a  fav- 
orite feeding -ground,  although  it  frequents  as  well  the  other  spots 
where  shore-birds  in  general  are  wont  to  be  found.  Flocks  of  this 
species  seldom  aggregate  two  dozen  birds,  which,  unlike  those  of  the 
larger  kind,  are  as  a  rule  quite  unsuspicious,  so  that  it  is  comparatively 
easy  to  secure  specimens :  on  one  occasion  (May  7,  1900)  four  were 
taken  at  one  shot.  Mr.  Bacon  states  that  they  make  their  appearance 
usually  during  the  last  week  in  April  (April  23,  i<)oo  ;  May  4,  1894), 
the  bulk  passing  through  during  the  first  half  of  May,  the  latest  re- 
corded date  being  May  24,  1893.  Mr.  Simpson  reports  a  pair  seen 
at  Crystal  Point  April  26,  1902,  while  our  records  for  the  spring  of 
1900  (all  from  the  mouth  of  Mill  Creek)  ranged  between  May  i  and 
12.  In  the  autumnal  movement  they  are  said  to  reappear  sometime 
in  August,  on  one  occasion   (1901)  as  early  as  .'\ugust  7,  lingering 


Todd  :    Birds  of  Erie  and  Presque  Isle.  545 

well  into  October,  recorded  last  dates  varying  between  October  1 1 
(1894)  and  14  (1893).  We  did  not,  however,  meet  with  them  in 
1900  at  this  season  save  on  August  22  and  23,  and  September  21.  It 
is  very  evident  that  this  species  is  not  so  hardy  as  the  Greater  Yellow- 
legs,  its  migration  being  performed  during  the  warmer  part  of  both 
seasons. 

73.  Helodromas  solitarius.     Solitary  Sandpiper. 

The  Solitary  Sandpiper  is  regular  and  common  as  a  migrant,  and  of 
casual  occurrence  as  a  summer  resident,  having  been  noted  by  Mr. 
Bacon  on  various  occasions  through  the  summer,  of  which  the  follow- 
ing were  recorded:  July  19,  1892,  July  7,  1896,  and  July  25,  1890. 
Upon  this  latter  date  two  specimens  were  taken,  both  young  birds. 
Migrants  from  farther  north,  however,  begin  to  arrive  in  August,  exact 
dates  lying  between  August  17  (1901)  and  25  (1897).  In  the  fall 
of  1900  it  was  first  noted  (at  Mill  Creek)  August  20,  but  did  not 
appear  to  be  very  common  at  that  season,  at  least  on  the  Peninsula, 
where  it  was  observed  only  on  September  13  and  25.  The  latest  fall 
date  given  by  Mr.  Bacon  is  October  12,  190T.  He  has  observed  its 
arrival  in  the  spring  from  April  27  (1895)  to  May  6  (1893).  ^^  the 
spring  of  1900  it  was  first  seen  May  3,  when  one  was  noted  at  a  muddy 
pool  a  few  miles  west  of  the  city.  May  8,  9,  and  10  were  days  when 
a  considerable  movement  took  place,  the  species  being  met  with  not 
only  at  the  mouth  of  Mill  Creek,  but  about  the  ponds  on  the  Peninsula 
as  well.  It  was  observed  at  intervals  up  to  May  24.  This  species  has 
not  been  found  on  a  sandy  beach,  the  margins  of  the  ponds  on  the 
Peninsula  and  pools  on  the  mainland  being  its  favorite  resorts. 

74.  Symphemia  semipalmata.     Willet. 

^{t.  Simpson  is  the  only  observer  in  this  region  who  has  been  so 
fortunate  as  to  meet  with  this  species,  whose  occurrence  here  must  be 
considered  as  very  rare  or  accidental.  His  account  is  as  follows  : 
**0n  April  24,  1902,  while  hunting  on  the  outside  beach,  I  saw  two 
large  shore-birds  at  the  very  water's  edge,  standing  close  together. 
As  there  was  no  cover  I  kept  on  as  if  to  pass  them,  and  fired  at  long 
range  just  as  they  were  about  to  start,  with  the  fortunate  result  of 
securing  both  birds.  They  proved  to  be  a  pair  of  Willets  in  full 
spring  plumage,  and  were  pronounced  '  Golden  Plover '  by  gunners 
who  saw  them,  as  are  also  Yellow -legs  or  any  large  wader."  These 
specimens  are  now  preserved  in   Mr.    Simpson's  collection.     Many 


SM  AmtAU  or  the  Caksecie  Mr<'cuv. 

ycm  ago  (1S38)  tfiit  Uid  was  ircoided  W  r>r.  J.  P.  KinlaDd  as  a 
conmni  vMlor,  doubtlas  bncding,  on  tht  shores  of  Lake  Erie  in 
Ohio  {Ameriean Journal Scieiue ttiid Am,  XL.,  1S41,  24).  bm  dwre 
ft  no  ncent  evidence  to  substantiate  this  statement,  and  ihe  species  is 
ontoinljr  nre  eooi^  at  die  piexnt  time  so  far  north  in  the  interior. 
75.  BirtniaiA  lon^oiada.    Baktramiam  Savdhi'er. 

The  writer  has  never  met  with  the  present  s])ecie5  in  this  locality,  but 
Mr.  Bacon's  very  foil  notes  admirablj'  supply  ihe  deficiency.  "  This 
intenstiDg  qtedes  must  be  put  down  as  a  migrani,  rather  common  io 
the  &U,  less  onmeroos  in  the  spring,  and  of  orcasional  occurrence  as 
A  fommer  resident.  Some  seasons,  as  for  instance  in  1S99,  it  has 
been  quite  common  in  certain  localities  which  it  frequents.  I  have 
•pent  many  afternoons  in  the  pumiit  of  tlke»;  birds,  and  have  con- 
cloded  that  more  can  be  found  on  a  couple  of  si^uare  miles  of  pasture 
and  fium  land,  )ust  west  of  the  city  of  Erie,  than  in  all  the  remainder 
of  the  county.  From  my  own  knowledge  of  the  county,  and  frora 
information  given  by  others,  I  am  led  to  believe  that  this  bird  seldom 
Mops,  Mve  on  the  lake  shore  plain.  Thus,  I  have  never  seen  one  on 
the  Peninsula,  and  never  expect  to,  for  it  is  a  bird  of  the  paslures  and 
clover  Aetdl.  During  spring  migrations  I  scnrcely  ever  see  more  than 
one  or  two  pairs,  but  by  July  15,  or  soon  lliL-reafler,  1  always  find  a 
bimch  of  yoimg  birds  on  their  way  south,  perhaps  half  a  dozen,  per- 
hap*  two  dozen,  and,  if  it  happens  to  be  a  favorable  season,  their  num- 
Ixsnt  are  soon  augmented.  It  would  seem  to  be  the  case  that  a  rainy 
Nummer  with  a  luxurious  growth  of  weeds  and  grasses  brings  but  few 
Karlramian  Sandpipers,  but  let  it  be  hot  and  dry,  with  the  stubble 
whorl,  and  grasshoppers  by  the  million,  then  they  may  be  expected  in 
abundance.  On  June  zo,  1897,  at  Miles  Grove,  1  saw  a  bird  of  this 
njiccies  which  acted  unmistakably  the  part  of  a  female  with  young, 
flying  from  side  to  side  along  a  road  lined  with  grain  fields,  and  oc- 
casionally alighting  within  a  few  yards  of  me.  On  June  25,  1899,  I 
saw  a  single  bird,  and  on  May  zi,  1890,  I  saw  several,  while  a  female 
taken  May  9,  1900,  was  nearly  ready  to  nest,  so  that  I  think  an  occa- 
sional brood  is  raised  in  the  vicinity  of  Erie  also.  One  day  while 
watching  a  flock  take  their  usual  dive  preparatory  to  alighting,  I  saw 
one  of  them  strike  a  telegraph  wire,  culling  both  his  neck  and  his 
existence  off  short.  My  records  of  the  vernal  appearance  of  this  spe- 
cies lie  between  .April  11  {1896)  and  May  1  (1897),  while  the  latest 
fall  date  appears  to  be  September  22,  1896."     This  species  has,  how- 


I 


Todd  :    Birds  of  Erie  and  Presque  Isle.  547 

ever,  despite  Mr.  Bacon's  prediction,  been  taken  on  the  Peninsula,  but 
its  occurrence  there  raust  be  very  exceptional  indeed.  Mr.  Simpson 
writes  as  follows  :  ''April  26,  1902,  during  the  big  storm,  flock  after 
flock  of  Bonaparte's  Gulls  came  in  from  the  main  lake  over  Niagara 
Pond  to  the  bay,  and  with  one  of  these  flocks  came  a  smaller  bird, 
which  upon  shooting  proved  to  be  a  Bartramian  Sandpiper." 

[  Tryngites  subruficollis.     Buff-breasted  Sandpiper. 

One  of  the  rarer  shore-birds,  which  has  been  recorded,  however,  from  Cleveland, 
Ohio  (Wheaton,  Birds  of  Ohio,  1882,  491),  and  has  even  been  noted  as  breeding 
near  the  Ontario  shore  of  Lake  Erie  (Mcllwraith,  Birds  of  Ontario,  1894,  156-157).] 

76.  Actitis  macularia.     Spotted  Sandpiper. 

This  familiar  and  ubiquitous  bird  is  an  abundant  summer  resident 
on  the  Peninsula,  where  it  doubtless  finds  suitable  nesting  grounds  in 
the  grassy  sand-dunes  back  from  the  outside  beach,  and  where  it  was 
observed  in  June  of  1897  and  1899.  It  is  found  also  on  the  shores 
of  the  bay,  and  about  the  ponds  —  anywhere,  in  fact,  wherever  water 
runs  or  stands,  but  does  not  often  associate  with  other  shore-birds. 
It  comes  from  the  south  in  April  (April  18,  1900;  April  27,  1894). 
The  bulk  seems  to  pass  southward  by  the  end  of  August,  but  a  few 
usually  linger  well  through  September,  the  last  being  seen  in  1900  on 
September  23.  On  May  2,  7,  8,  and  9,  1900,  it  was  excessively 
abundant  at  the  mouth  of  Mill  Creek,  flying  in  flocks,  shy  and  restless, 
behaving  very  much  as  do  those  of  some  other  shore-birds.  The  time 
of  its  nesting  is  indicated  by  a  nest  with  two  eggs  found  by  Mr. 
Bacon,  May  24,  1893. 

[Numtnius  lortsi^rosiris.     LoNG-Bll.LEl)  CrRi.EVV. 

In  early  times  this  species  may  have  been  not  uncommon  on  the  shores  of  Lake 
Erie  (cf  Kirtland,  American  Jourftai  Science  and  Arts ,  XL,  1 84 1,  24),  and  it  may 
still  occur  as  a  casual  visitor.  Certain  jjunners  have  described  a  bird  to  the  writer 
which  was  probably  this  species,  which  they  claimed  to  have  killed  near  Erie  within 
late  years.  ] 

77,  Numenius  hudsonicus.     Hudsonian  Curlew. 

Occurs  as  a  transient  visitant,  rare  and  irregular  in  late  years, 
although  well  known  to  the  older  generation  of  sportsmen.  It  has 
been  seen  here  in  the  spring,  but  most  of  the  reports  of  its  occurrence 
are  for  the  fall  migration.  Mr.  Bacon  has  seen  but  two  individuals, 
on  August  I,  1890,  and  August  27,  1895.  Mr.  James  Thompson  has 
a  mounted  specimen  which  he  says  was  taken  in  the  fall,  about  1892. 
The  Carnegie  Museum  has  an  example  said  to  have  been  shot  in  the 
'8o's  by  Captain  J.  D.  Paasch. 


M8  ,\nnai»  or  Tirt  CAKNtciK  Mtsmim. 

78.  Numeniu*  borealis.     Eskimo  Cvrlew. 

A  very  rare  fall  transient.  "A  few  of  ihcsc  birds  arc  wen  every 
year  about  the  shores  of  Eric  bay,  where,  in  Oclober,  1889,  two  wcrt 
shot  by  Mr.  James  Thompson,  of  Eric  city."  (Warren,  Binit  pf 
fenntyltixnia,  1890,  96).  A  single  female  in  Mr,  Scnnelt's  tollection 
taken  Sci>leniliei  17,  1S89,  and  luarked  as  having  been  collccicd  by 
Janies  Thompson  and  George  B.  Scnnctt,  is  evidently  the  only  basis 
of  ihe  nltove  stateineni,  since  Mr.  Thompson  asserts  that  the  speci- 
mens  in  question  passed  into  Mr.  Sennett'»  possession. 

79.  SquBtKTola  squatarola.     RLACK-uEii-irn  [>iah'kk. 

A  transient  species,  regular  and  fairly  common  in  the  fall  mixratiOD. 
Neither  this  nor  the  following  spcxics  have  been  posiiively  identified  in 
the  spring,  but  on  at  least  two  occasions  Mr.  Bacon  has  »een  a  single 
plover  at  that  season,  belonging  to  one  species  or  the  other.  August 
I,  1890,  b  his  catlie&t  lall  record,  but  ordinarily  ii  docs  not  arrive 
until  about  the  middle  of  the  month,  attaining  its  greatest  abundance 
in  September,  and  lemaining  often  through  the  greater  part  of  Ocio- 
tier,  and  sometimes  even  later  (Novcmt)cr  10,  1894).  In  the  fall 
migration  of  1900  the  first  was  observed  August  13,  and  September  to 
and  1 7  were  day*  of  special  movement,  while  the  last  record  for  the 
season  was  not  made  until  October  31.  Small  parties  are  Ihe  rule, 
although  single  binU  arc  not  infreijuent,  and  the  outside  beach  and 
Horseshoe  Pond  arc  its  favorite  haunts.  It  has  also  been  ote>erved  by 
Mr.  BacoD  on  the  ploughed  fields  of  the  mainland.  Of  the  whole 
number  wcured  but  three  were  adult.  Then-  were  uken  on  Scptcmlier 
5  jfld  17 — ^by  rare  good  foriune,  as  they  arc  very  wild  as  tomiiared 
with  the  young,  which  can  usually  be  approached  with  liule  difBculty. 
This  preponderance  of  immattirc  birds  is  noted  also  by  Mr.  Bacon, 
who  has  seen  but  three  or  four  adults  in  all,  two  of  which  were  iw 
curvd  ;  August  af<,  1897  ;  AugusI  17,  1 901).  He  considers  the  yotiog 
very  indifferent  for  the  table. 

80.  Chiradrlo*  domlnJcus.     .Vmekican  Goldkv  i'u.vEH. 

In  ii»  seaMiiul  diMnlmtion  this  *|«»-ipt  i«  like  the  last,  "Taking 
one  year  with  another,"  Mr.  Bacon  writes,  "  I  consider  this  species 
much  the  more  abundant  of  the  two.  Flocks  of  from  twenty-five  to 
fifty  birds  used  to  he  seen  every  season,  frecjuenting  the  ploughed  fields 
west  of  the  city,  arriving  soon  after  September  i,  and  slaying  for  a 
week  or  two.     These  flocks  seemed  10  be  comprised  mainly  of  old 


Todd  :    Birds  of  Erie  and  Presque  Isle.  549 

birds,  the  young  being  found  in  pairs  and  small  bunches  around  the 
lake  beach.  I  saw  two  such  flocks  in  September,  1901,  the  first  seen 
to  speak  of  in  several  years.  The  Golden  Plover  is  seldom  noted  in 
August,  but  on  August  20,  1896,  I  shot  one  old  bird.  My  latest  fall 
note  is  November  5  of  the  same  year."  Very  few  individuals  of  this 
species  came  to  our  notice  in  1900.  The  first  was  observed  August 
27,  a  specimen  taken  September  17,  and  one  seen  the  following  day  — 
all  on  the  outside  beach.  The  last  record  was  that  of  a  bird  shot  at 
Crystal  Point  on  September  25.  Both  birds  secured  were  immature.  In 
1902  Mr.  Simpson  shot  a  specimen  on  September  27,  and  on  Novem- 
ber 18  saw  three  flying  down  the  bay  at  some  elevation,  uttering  their 
peculiar  whistle. 

81.  Ozyechus  vociferus.     Killdeer  Plover. 

Common  as  a  summer  resident,  and  among  the  first  of  the  shore- 
birds  to  move  northward  in  the  spring,  arriving  some  time  in  March, 
the  exact  date  varying  between  March  8  (1898)  and  28  (1896).  It 
is  not  so  numerous  at  this  season  as  many  others,  however.  More- 
over, it  is  practically  certain  that  none  breed  on  the  Peninsula,  as 
such  a  noisy  species  as  this  is  much  in  evidence  daily  on  its  nesting 
grounds,  and  it  was  not  thus  observed.  A  female  taken  May  17 
exhibited  signs  of  breeding,  but  had  evidently  come  from  a  distance. 
The  cultivated  fields  of  the  mainland  aff'ord  more  suitable  nesting 
facilities.  **  On  April  7,  1888,  I  found  a  single  egg  in  a  ploughed  field. 
From  subsequent  experience  I  think  this  must  have  been  very  early 
nesting,  as  the  next  earliest  record  is  for  May  5,  1894,  when  a  nest 
with  four  eggs  was  discovered,  while  on  June  25,  1899,  I  met  with  a 
brood  of  young"  (Bacon).  It  is  in  the  fall  migration  that  the 
Killdeer  gathers  into  flocks  and  visits  the  Peninsula  in  large  numbers, 
thronging  the  outside  beach,  often  in  company  with  other  species, 
noisy,  restless,  and  suspicious.  It  was  already  present  there  August 
22,  1900,  and  on  September  8  there  was  a  great  flight  of  this  species, 
to  the  almost  complete  exclusion  of  all  other  shore-birds.  After  the 
first  week  in  October  it  was  noticeably  less  common,  but  did  not  finally 
disappear  until  November  12,  when  one  was  seen  in  Big  Pond  —  the 
only  instance  of  its  being  met  with  about  the  ponds.  Mr.  Bacon  notes 
an  individual  seen  as  late  as  Thanksgiving  Day,  November  26,  1891. 

82.  .ffigialitis  semipalmata.     Semipalmated  Plover. 

Save  the  Sanderling  alone,  the  present  species  is  perhaps  the  most 
numerous  of  the  transient  shore-birds.     May  is  the  month  when  its 


550  Annals  of  the  Casjjegie  Museum. 

northward  movement  takes  place.  In  the  spring  of  igoo  its  arriva 
was  recorded  May  8,  and  it  was  observed  at  intervals  until  as  late  a 
May  aS,  most  frequently  at  the  mouth  of  Mill  Creek,  but  also  on  the 
outside  beach  and  the  bay  shore.  The  return  movement  probably 
began  before  August  ii  (Mr.  Bacon's  earliest  fall  record  is  .\ugust  7, 
1901),  when  the  species  was  already  common  on  the  Peninsula,  con- 
tinuing thus  until  about  October  i,  after  which  date  it  was  only  oc- 
casionally found,  A  single  straggler  was  shot  November  1.  It  usually 
appears  in  flocks  of  greater  or  le.ss  siae,  and  is  fond  of  the  company  of 
other  shore-birds. 

83.  £gialiti6  meloda  circumcincta.     BEi,TEri  Piping  Plover. 

This  interesting  species  is  to  be  classed  as  a  summer  resident,  sev- 
eral pairs  nesting  annually  on  the  wide  stretches  of  sandy  beach  on  ' 
the  outer  shore  of  the  Peninsula.  It  was  first  met  with  June 
when  at  least  two  pairs  were  found  by  the  writer,  haunting  the  outer 
beach  and  the  shores  of  Horseshoe  Pond,  but  none  were  secured. 
Upon  the  occasion  of  the  ne.tt  visit  —June  26  and  27,  1899  —  it  was 
again  met  with  in  the  same  locality,  and  two  specimens  were  collected. 
In  1900  it  was  first  noted  as  earlj'  as  April  16,  although  not  again 
until  May  i.  Several  specimens  were  captured  during  this  latter 
month,  and  in  a  female  shot  May  24  was  found  an  egg  that  would 
have  been  deposited  very  shortly,  thus  settling  beyond  question  the 
matter  of  the  species  breeding  here,  Mr,  Bacon  has  taken  young  of 
the  year  on  July  11,  1893,  and  .August  17,  1901.  It  was  noted  in 
the  fall  only  on  August  zz  and  23,  and  Sep(eiTiI>er  7,  and  these  rec- 
ords in  all  probability  refer  to  the  same  individual,  which  was  shot  on 
the  last  date.  Mr.  Simpson  noted  a  bird  of  this  species  September 
i6,  1902,  and  in  Mr.  Sennett's  collection  there  are  a  pair  taken  May 
4,  1875.  Its  favorite  haunts  are  wide  stretches  of  dry,  sandy  beach, 
with  which  it  agrees  so  perfectly  in  color  that  unless  in  motion  it  is 
difficult  to  distinguish.  It  runs  very  rapidly,  and  is  rather  shy  and 
hard  to  approach  within  range. 

84.  Arenaria  morinella.     Ruddy  Turnstone. 

The  Turnstone  occurs  sparingly,  but  perhaps  regularly,  during  the 
fall  migration,  and  lias  been  observed  in  the  spring  also.  A  specimen 
shot  on  the  Peninsula  August  29,  1893,  came  into  the  writer's  hands 
the  next  day.  Single  birds  were  captured  in  1900  on  August  28, 
September  5,  and  September  24,  and  one  was  identified,  but  not  se- 


Todd  :    Birds  of  Erie  and  Presque  Isle.  551 

cured,  on  September  25.  These  records  were  all  either  for  the  out- 
side beach  or  Horseshoe  Pond.  Mr.  Bacon  has  met  with  the  species 
on  but  a  few  occasions,  and  has  not  seen  more  than  two  together. 
Following  are  the  dates  when  it  has  been  observed  by  him  :  September 
5,  1892;  May  24,  1893;  September  21,  1901  ;  August  30,  1895; 
August  II,  1896.  In  addition  he  speaks  of  having  occasionally  ex- 
amined specimens  killed  by  others,  which  failed  of  record  in  his  notes. 
Mr.  Sennett  has  two  specimens:  September  12,  1875;  August  24, 
1889. 

85.  Colinus  virginianus.     Bob-white;  Quail. 

*'A  resident  species  that  would  be  common  on  the  mainland  if 
given  a  fair  chance.  The  guns  and  dogs  are  a  little  too  numerous, 
however,  and  an  occasional  winter  with  continued  cold  and  crusted 
snow  may  seem  to  exterminate  them  entirely,  but  there  are  always 
some  left,  and  once  or  twice  they  were  almost  abundant."     (Bacon.) 

86.  Bonasa  umbellus.     Ruffed  Grouse. 

A  common  resident,  seemingly  better  able  lo  hold  its  own  against 
sportsmen  and  bad  weather  than  the  Quail,  provided  the  timber  is  not 
thinned  out  too  much.  Wooded  hillsides  and  ravines  are  its  favorite 
resorts,  and  even  along  the  wooded  bluffs  of  the  lake  shore,  right  up 
to  the  city  limits,  it  is  seen  every  fall.  Indeed,  it  even  breeds  here 
not  infrequently.  Mr.  A.  M.  Howes  reports  having  met  with  a  female 
and  brood  of  young  on  May  30,  1892,  only  two  miles  west  of  the  city. 
Occasionally  it  is  met  with  on  the  Peninsula,  but  never  seems  to  in- 
crease there,  although  there  seems  no  good  reason  for  such  a  scarcity 
as  both  general  report  and  extended  observations  indicate,  unless  it  be 
that  the  well  known  abundance  of  minks,  weasels,  and  birds  of  prey 
should  account  for  it.  A  female  with  a  brood  of  young  was  noted 
along  the  board-walk  by  the  writer  on  June  26,  1899,  and  Mr.  Simp- 
son records  its  occurrence  in  November,  1902.  ^*  On  November  27, 
1902,  I  shot  the  first  I  ever  saw  on  the  Peninsula."      (Bacon.) 

87.  Ectopistes  migratorius.     Passenger  Pigeon. 

Formerly  a  very  abundant  species,  now  almost  exterminated.  Mr. 
Bacon  writes  :  **In  the  year  1889  I  met  with  this  bird  on  two  occa- 
sions, but  have  not  seen  nor  heard  of  it  since.  June  9  an  adult  male 
was  shot  by  a  friend,  and  on  July  18  I  shot  a  young  bird."  These 
dates  and  the  attendant  circumstances  would  suggest  that  the  species 
was  breeding,  and,  indeed,  it  is  given  by  Dr.  Warren  on  Mr.  Sennett' s 


552  Aknals  of  the  Carnecie  Museum. 

authority  as  breeding  sparingly  in  Erie  County  (^Binfs  of  Petmsylvania, 
1890,  111),     Mr.  Sennett  had  three  males  in  his  collection,  two  of 
which  are  now  in  the  Carnegie  Museum;  they  bear  dates  of  April   3, 
1875,  March  13,  1876,  and  April  11,  1S76,  respectively. 
S8.    Zenaidura  macrotira.     Moiirning  Dove. 

Common  as  a  summer  resident,  arriving,  according  to  Mr.  Bacon's 
experience,  from  March  18  (1898)  to  25  (1893),  and  staying  through 
September.  He  adds  further:  "  They  are  also  occasionally  seen  in 
late  fall  and  even  in  winter  (January  5,  1891),  Their  abundance  is 
extremely  variable  from  year  to  year.  Thus,  in  ihe  summer  of  1891 
they  were  exceedingly  numerous,  and  I  remember  seeing  as  many  as 
five  hundred  in  a  single  afternoon.  Ordinarily,  however,  it  isseldoni 
that  more  ihan  a  half  dozen  will  be  seen  in  an  afternoon's  tramp 
through  the  country.  Again,  I  have  found  them  i[viite  abundant  early 
in  July,  seemingly  all  young  birds,  while  two  weeks  later  I  could 
scarcely  find  a  Dove  in  an  afternoon's  hunt.  Certain  fields  always 
have  a  special  aliraclion  for  Doves,  and  on  one  dry  ridge  not  far  frotn 
the  city  I  can  always  start  a  dozen  or  two  in  season,  which  must,  how- 
ever, be  transients,  as  I  never  see  as  many  there  later  on.  This 
species  does  not  occur  on  the  Peninsula  as  a  breeder,"  the  birds  seen 
there  being  visitors  from  Ihe  mainland.  A  few  were  noticed  there  in 
the  spring  of  1 900,  first  on  Apri  1  2 ,  and  thereafter  on  several  occasions 
until  May  2.  It  was  usually  found  in  pairs,  haunting  ihe  more  open 
place.. 

89.  Circus  budsonius.     Marsh  Hawk, 

A  summer  resident,  breeding,  Mr.  Bacon  feels  quite  positive,  on  the 
Peninsula,  where  it  has  been  seen  through  the  nesting  season.  It  is 
often  seen  on  the  mainland  also,  and  is  in  fact  the  most  common  hawk 
in  this  section,  save  the  Sparrow  Hawk  alone.  It  has  not  been  observed 
in  winter,  but  has  been  noted  as  early  as  March  27  (1901).  In  1900  it 
was  occasionally  seen  in  the  spring  from  April  10  to  May  3,  and  in 
the  fall  from  August  26  to  October  3.  An  immature  example  shot  on 
Big  Pond  September  29  was  the  only  one  secured. 

90.  Accipiter  velox.     Shakp-shinned  Hawk. 

This  hawk  is  in  all  probability  a  summer  resident,  although  so  far 
it  has  not  been  certainly  detected  during  the  breeding  season.  It  is 
not  uncommon,  however,  during  the  spring  and  fall  migrations,  es- 
pecially at  the    former  season.      In    1900  the  earliest  record  was  for 


Todd  :    Birds  of  Erie  and  Presque  Isle.  553 

April  7,  and  from  April  17  to  21  there  was  a  considerable  flight, 
while  May  8  was  the  latest  date  upon  which  it  was  noted.  In  the 
fall  the  first  came  September  26,  and  the  last  was  recorded  October 
23.  It  seemed  to  be  partial  to  the  open  places  on  the  Peninsula, 
and  the  sand-dunes  bordering  the  outside  beach  were  a  favorite  resort. 
Mr.  Bacon  has  taken  specimens  in  April,  May,  and  October. 

91.  Accipiter  cooperii.     Cooper's  Hawk. 

Apparently  not  a  common  species  in  this  section,  its  seasonal  status, 
both  observed  and  inferred,  being  the  same  as  that  of  the  last.  One 
was  noted  in  the  woods  near  Big  Pond,  April  2,  1900  •  a  specimen  was 
secured  September  i  at  the  head  of  Yellow  Bass  Pond ;  and  one  other 
was  observed  September  3.  Mr.  Bacon  has  taken  specimens  March 
27,  1901,  and  April  5,  1902.     These  seem  to  be  all  the  records. 

92.  Accipiter  atricapillus.     American  Goshawk. 

This  is  given  by  Mr.  Sennett  as  a  rare  visitor,  doubtless  in  winter 
(Warren,  Birds  of  Pennsylvania,  1890,  125),  as  might  be  expected. 
Further  records,  however,  are  very  desirable. 

93.  Buteo  borealis.     Red-tailed  Hawk. 

Concerning  the  Red-tailed  Hawk  Mr.  Bacon  writes  as  follows :  ''I 
have  seen  young  birds  of  this  species  killed  in  midsummer,  and  believe 
it  breeds  regularly,  although  I  have  had  no  experience  with  it  myself. 
March  18,  1901,  I  secured  from  Mr.  Frank  Claus  a  specimen  shot  by 
him  on  the  Peninsula.*'  It  doubtless  occurs  as  a  permanent  resident. 
Mr.  Simpson  saw  a  pair  on  November  18,  1902,  on  the  outside  beach. 

94.  Buteo  lineatus.     Red-shouldered  Hawk. 

A  summer  resident,  possibly  remaining  through  the  winter,  but  there 
are  few  records  for  any  season.  In  Mr.  Sennett' s  collection  are  two 
specimens,  November  7,  1876,  and  September  14,  1888.  Mr.  Bacon 
has  secured  examples  on  April  6,  1899,  and  March  30,  1901.  Mr. 
Simpson  noted  two  birds  late  in  September,  1902.  In  1900  a  pair 
were  repeatedly  observed  about  the  lower  end  of  the  board-walk  during 
the  last  week  in  March,  and  on  April  3  one  which  had  been  shot  by  a 
gunner  was  found  in  a  ducking-blind  at  Graveyard  Pond  —  doubtless 
killed  two  days  previously.  This  pair  may  have  intended  nesting  in 
the  vicinity,  but  were  not  certainly  noted  thereafter.  One  other  in- 
dividual observed  November  i  constituted  our  sole  remaining  record. 
Mr.  A.  M.  Howes  has  been  so  fortunate  as  to  find  this  hawk  breed- 
ing, the  exact  locality  being  a  tract  of  woods  within  the  curve  made 


{»54  Annals  of  the  Carnegje  Museum. 

by  the  Philadelphia  and  Erie  Railroad,  on  the  ridge  east  of  the  city. 
He  secured  a  set  of  four  highly  incubated  eggs  on  April  24,  1894, 
and  a  second  set  of  three,  probably  laid  by  the  same  pair,  on  April 
g,  1895.  Both  nests  were  in  trees,  thirty-five  and  forty  feet  from  the 
ground. 

95.  Buteo  platyptertis.     Broad-winged  Hawk. 

Recorded  by  our  [jarly  on  but  two  occasions,  but  probably  a  sum- 
mer resident.  An  immature  male  in  moulting  plumage  was  shot  near 
the  fool  of  the  board-walk  on  May  26,  and  one  other  was  seen  Sep- 
tember 21.  Mr.  Bacon  nienlioiis  having  seen  one  specimen  from  this 
locality. 

96.  Archlbuteo  lagopus  sancti-jobannis.     American  Rough-i-egced 

Hawk. 
Occurs  as  a  rare  winter  visitor.      One  was  killed  by  Mr.  Faulkner 
G.  Lynch  in  the  fail  of  1900,  and  on  November  4,  1901,  Mr.  BacoQ 
was  so  fortunate  as  to  secure  a  st<ecinien,  which  is  now  in  the  Carnegie 
Museum. 

]_Ai/HUa  ikrysallns,     (JoLIiEN  Eagle. 

A  ipeeiei  wlikh  mvf  be  eipedcd  to  occur  here  as  a  cn^ual  viiilot.] 

97.  HaliaeetU6  leucocephalus.     Bald  Eagle. 

This  magnificent  bird  is  found  here  at  everj'  season  of  the  year  ex- 
cept winter.  The  writer  met  with  it  first  on  June  z6,  1899,  when  a 
half  dozen  individuals  were  noted  about  the  oulside  beach,  and  its 
presence  at  such  a  date  naturally  led  to  the  inference  that  it  was 
breeding  in  the  immediate  vicinity.  This  inference  was  strengthened 
the  following  year,  when  the  species  was  repeatedly  observed  at  dates 
ranging  from  April  9  until  the  end  of  May.  Notwithstanding,  nothing 
is  more  improbable  than  its  nesting  on  the  Peninsula.  Such  a  large 
nest  would  easily  be  visible  at  a  long  distance  before  the  trees  were 
in  leaf,  but  none  were  discovered,  and  common  report  was  entirely  in 
accord  with  our  observations.  It  is  said  to  nest,  however,  at  various 
fioints  on  the  mainland  along  the  lake  bluff  (Northeast,  Girard,  etc.) 
but  the  Peninsula  is  evidently  a  favorite  rendezvous  and  feeding- 
ground.  Most  of  the  individuals  seen  are  immature  birds,  although 
some  are  apparently  adult.  It  is  no  uncommon  thing  for  as  many  as 
a  half  dozen  to  be  in  sight  at  once,  sailing  about  overhead,  or  perched 
in  a  commanding  position  in  some  tall  tree.  They  frequent  all  por- 
tions of  the  Peninsula,  but  perhaps  are  most  apt  to  l>e  met  with  about 


Todd  :    Birds  of  Erie  and  Presque  Isle.  555 

Long  Pond,  where  the  high  timber  affords  convenient  sites  for  perch- 
ing, and  along  the  outside  beach,  where  they  find  abundant  food  in 
the  shape  of  dead  fish,  and,  at  certain  times,  large  numbers  of  Long- 
tailed  Ducks  cast  up  on  shore.  They  are  at  all  times  shy  and  difficult 
of  approach,  but  sometimes  fly  unwittingly  within  range.  Thus  two 
specimens  were  secured,  on  May  14  and  16  respectively,  both  in  the 
strip  of  woods  at  the  foot  of  Ridge  Pond.  The  first  had  a  head 
and  tail  of  mottled  brown  and  white,  the  other  was  a  younger  bird, 
with  no  trace  of  white.  Eagles  were  not  so  often  observed  in  the  fall 
months,  and  none  after  November  6.  Doubtless  the  freezing  over 
of  the  lake  cuts  off  their  accustomed  supply  of  food,  so  that  they  are 
compelled  to  move  southward  for  the  winter. 

\^Falco  peregriftus  anatuvi.     DuCK  Hawk. 

A  species  which  should  occur  in  this  locality,  casually  at  least,  as  Dr.  J.  M. 
Wheaton  (Birds  of  Ohio^  1882,  423)  says  it  "is  not  uncommon  in  the  vicinity  of 
Cleveland,"  while  a  more  recent  record  from  Erie  County,  Ohio  (May  29,  1893,  one 
male  shot)  is  given  by  Mr.  Carl  Tuttle  {Auk^  XII,  1895,  191).] 

98.  Falco  columbarius.     Pigeon  Hawk. 

Occurs  as  a  transient  at  irregular  intervals  in  the  spring  and  fall, 
being  perhaps  most  numerous  at  the  latter  season.  Mr.  Sennett  has 
specimens  taken  April  26  and  September  24,  1875,  and  September 
16,  1877.  Mr.  Bacon  has  shot  examples  on  March  28,  1895,  Oc- 
tober 24,  1896,  and  May  3,  1900.  We  did  not  meet  with  the  species 
in  1900  save  during  the  fall  migration.  One  shot  September  18  by 
Mr.  Simpson  was  in  pursuit  of  Flickers,  which  were  quite  numerous 
just  at  that  time.  A  number  were  seen  and  one  was  shot  September 
20.     Others  were  noted  September  27,  October  6,  and  October  26. 

99.  Falco  sparverius.     Sparrow  Hawk. 

The  present  species  is  the  most  common  hawk  of  this  region,  at 
least  on  the  mainland,  and  occurs  as  a  summer  resident,  breeding  in 
suitable  situations  throughout.  It  is  not  very  often  observed  on  the 
Peninsula,  however. 

100.  Pandion  halia'etus  carolinensis.     Fish  Hawk;  Osprey. 

Of  occasional  occurrence  in  the  spring  and  fall.  One  was  noted 
on  May  7,  1900,  and  once  or  twice  subsequently.  It  has  been  noted 
by  Mr.  Bacon  on  the  following  dates:  May  26,  1890;  May  30, 
1896  ;  April  20,  May  4,  May  24,  1902.  Most  of  these  dates,  it  will 
be  noted,  fall  within  the  known  nesting  season  of  the  species,  and  it  is 
possible  that  it  may  breed  occasionally  within  our  limits,  although 


S56  AxsAus  OF  THE  Carnei;ie  Museum. 

there  is  no  positive  evidence  as  yet  to  this  eflect.     It  is  known  to  go  , 
fiometimes  n  long  distance  from  its  nest  in  search  of  food,  and  the 
individuals  observed  may  have  been  nesting  somewhere  on  the  main- 
land.    It  was  seen  on  August  26  and  29,  1900,  also  by  Mr.  Siropsoa 

in  September  of  both  1900  and  1902. 

IS/rix  firatiniB/a.     American  Bakn  Owl, 

Tbere  sre  sevcrsl  Ene  Counly  records  for  this  owl,  but  none  o{  diem  bippcn  to    ] 
fdl  wiihio  ihe  limiu  of  the  present   piper.     Doublleu  11  will  be  detected  i: 

loi.  Ryctalops  vilsoolanuB.     American  Long-eared  Owl. 

Alii,  wiii,miun«s.  CoUES,  Chcck-Lisl,  1882,  81.  —  A.  O.  U.  Check-List.  1883.  tgft 
Slid  of  most  recent  authors. 

Nyitahpi  mibeniania,  SroNt,  Auk,  XX,  1903,  275. 

This  owl  is  no  doubt  a  resident  species,  but  on  account  of  its  noc- 
turnal habits  is  seldom  observed,  and  may  be  much  more  common 
than  the  records  indicate.  There  are  four  specimens  from  Erie  in 
Mr.  Sennett's  series,  taken  on  the  following  dates:  April  i  and  No- 
vember 13  (two),  1S75,  and  October  ig,  i88g. 

102.    Nyctalops  accipitrious.     Short-eared  Owl. 

Jiio  aiiipirriuui,  Nkwton,  Varrcll's  British  Binls,  ed,  4,  1,  1S71,  163,  —  A.  O. 
U.  Check-LiM.  1883,  198.  and  of  most  recent  authors. 

Nyetaiefs  accipilriHus .  Sto\e,  Auk,  XX.  1903,  275. 

' '  Occurs  as  a  regular  roigiaat,  most  numerous  in  the  fall,  and  some 
seaons  almost  common.  September  28  {1896)  is  its  earliest  recorded 
autumnal  appearance,  while  the  latter  part  of  October  marks  the  ar- 
rival of  the  bulk  of  the  individuals.  I  have  never  observed  it  in  the 
winter,  although  it  may  occur  occasionally  at  that  season.  On  the 
other  hand,  it  is  possible  that  it  may  breed.  Thus,  on  July  27,  1897, 
I  shot  one  of  these  birds  in  a  grassy  spot  where  I  have  often  found 
them  in  spring  and  fall,  and  again,  on  July  lo,  1902,  I  found  an 
individual  under  similar  circumstances.  Upon  the  latter  occasion  I 
could  not  induce  the  bird  to  leave  the  locality,  although  I  could  find 
neither  nest  nor  young  birds.  It  is  usual  to  flush  these  owls  in  some 
grassy  field  or  marsh,  but  on  one  occasion  I  surprised  one  in  an  apple- 
tree. "  To  Mr,  Bacon's  account  above  quoted  the  writer  can  add 
nothing  from  personal  experience.  There  are  three  specimens  in  Mr. 
Sennett's  collection,  two  of  which  were  captured  on  dates  that  appear 
to  be  respectively  the  earliest  fall  and  latest  spring  records :  Septem- 
ber 22,  1875,  and  April  26,  1S75. 


Todd  :    Birds  of  Erie  and  Presque  Isle.  557 

103.  S3n^ium  varium.     Barred  Owl. 

A  specimen  of  this  owl,  taken  October  20,  1891,  was  secured  by 
Mr.  Bacon  from  a  gunner,  and  mounted  birds  of  local  origin  are 
often  seen  in  the  hands  of  private  parties,  so  that  it  is  probably  regu- 
larly distributed  as  a  permanent  resident. 

104.  Scotiaptez  nebulosa.     Great  Gray  Owl. 

A  very  rare  or  accidental  winter  visitor.  *'Mr.  Geo.  B.  Sennett 
tells  me  one  was  found  a  few  years  ago  in  the  smoke  stack  of  a  steam- 
boat at  Erie  city."      (Warren,  Birds  of  Pefinsylvania,  1890,  152). 

[Cryptoglaux  tengmalmi  richardsoni.      RiCHARDSON's  OwL. 

Nyctala  tengvialmi  richardsoni^  A.  O.   U.  Check-List,  1 883,  200,  and  of  most 

recent^authors. 
Cryptogiaux  tengmalmi  richardsoni y  RICHMOND,  Auk,  XVI II,  I901,  193. 
This  owl  is  a  very  rare  winter  visitor  in  the  northern  United  States.     An  example 
in  the  Carnegie  Museum,  taken  in  Allegheny  County,  Pennsylvania,  March  12,  1896, 
by  Mr.  I).  A.  Atkinson,  is  the  only  known  record  for  the  State  (see  Rhoads,  Attk, 
XVI,  1899,  311),  but  if  found  anywhere  in  Pennsylvania  it  should  be  at  Erie.] 

105.  Cryptoglaux  acadica.     Saw-whet  Owl. 

Nyctala  acadica^  A.  O.  U.  Check-List,  1S83,  200,  and  of  most  recent  authors. 
Cryptoglattx  acadica^  RICHMOND,  Auk,  XVIll,  1901,  193. 

This  diminutive  owl  is  doubtless  a  resident  species,  but  has  been 
most  frequently  detected  during  the  colder  portions  of  the  year.  Its 
small  size  and  retiring  disposition  combine  to  shield  it  from  frequent 
observation,  so  that  it  may  be  much  more  common  than  the  available 
records  indicate.  Mr.  Sennett  has  two  examples,  labeled  respectively 
January  3  and  June  4,  1875.  ^^^-  Bacon  took  one  specimen  October 
27,  1888,  and  has  received  from  other  parties  individuals  captured 
February  5,  1892,  and  November  15,  1894,  these,  with  a  single  bird 
noted  October  18,  1902,  comprising  all  the  instances  of  its  occurrence 
that  have  come  to  his  notice. 

106.  Otus  asio.     Screech  Ow  l. 

Megascops  asio,  Stejneger,  Auk,  II,  1885,  184. — A.  O.  U.  Check-List,  1883,  200, 

and  of  most  recent  authors. 
Otus  asioy  Stone,  Auk,  XX,  1903,  275. 

Doubtless  a  permanent  resident  here  as  elsewhere,  quite  common, 

but  not  often   observed.     One  was  seen  April  4,  1900,  in  a  hollow 

stub  on  the  wooded  bluff  at  the  head  of  the  bay.     The  species  was 

heard  calling  on  the  Peninsula  near  Misery  Bay  on  the  evenings  of 

September  30  and  November  5.     Mr.  Sennett  has  one  specimen,  March 

20,  1876. 


658  Annals  nr  thk  Carnbiie  Mus.eum. 

107.  Asio  magellanicuB  virgicianus.     Great  Horned  Owl. 

Buhl!  Z'iTginianiu,  lio.NAlMR I E,  Geographical  ami  Comparative  List,  1838,  6. — A. 

0.  U.  Check-Libl,  18S3,  202,  nnd  of  recent  authors  generoHy. 
Am  masillatiicu!  virginianus.  OderhoLsER,  Pktc.  V.  S.  N.  M.,  XXVII,  1904, 

Resident  throughout  the  year,  according  to  Mr.  Bacon,  in  suitable 
situations  in  tracts  of  heavy  timber,  and  probably  more  plentiful,  on 
the  whole,  than  any  other  owl,  excepting  the  last  species.  We  did 
not  meet  with  it  in  1900. 

id8.  Nyctea  nyctea.     Snowy  Owl. 

A  rather  rare  winter  visitor.  The  following  note  on  its  occurrence 
refers  to  Northeast,  Erie  County :  "  A  party  on  a  recent  gunning  ex- 
pedition shot  a  large  white  or  snowy  owl  near  this  place  that  measured 
five  ft.  six  in.  from  tip  lo  tip  of  wings.  Only  one  wing  was  in- 
jured and  it  was  captured  alive,  and  is  now  on  exhibition  in  a  prom- 
inetit  show  window.  It  is  the  first  I  have  heard  of  captured  in  this 
section  for  some  years. "  (  "A.  A.  A.,"  Forest  ami  Stream,  XXV'III, 
February  3,  18S7,  24.)  Mr.  Sennett  secured  two  specimens  near 
Erie,  one  November  21,  1874,  "cedars  back  of  lake,"  the  other 
November  6,  1876,  "head  of  bay."  Mr.  Bacon  has  personally  seen 
but  one  individual  (December  12,  1894).  Other  specimens  have, 
however,  come  to  his  notice,  killed  by  various  parlies  on  the  following 
dates:  April  13,  1895,  March  8,  1902,  November  3,  igoa  fa  very 
white  bird),  November  18,  1902.  Two  of  Mr.  Bacon's  specimens 
and  one  of  Mr.  Sennett's  are  now  in  the  Carnegie  Museum. 

ySurnia  iiliih  mj^mh.      .\M£ElnN  HAWK  Owi., 

A  species  that  may  occur  as  an  accidental  winter  visitor  in  tbis  section.] 

109.  Coccjrzus  americanus.     Yellow-belled  Cuckoo. 

A  summer  resident,  apparently  not  very  common.  The  only  exam- 
ples thoroughly  identified  in  1900  were  recorded  May  22  and  Septem- 
ber 21,  dates  which  perhaps  represent  the  approitimate  time  of  the 
arrival  and  departure  of  the  species, 

no.  Coccyzus  erythropbthalmus.     Black- belled  Cuckoo. 

Like  the  last  a  summer  resident,  and  probably  the  more  common 
of  the  two  species,  frei|uenting  the  shrubbery  and  woodland.  Speci- 
mens were  taken  May  30  and  September  13,  1900,  and  in  Mr.  Sen- 
nett's collection  there  is  a  specimen  marked  May  11,  1875,  which 
])OSSLbly  represents  an  arrival. 


I 

I 


Todd  :    Birds  of  Erie  and  Presque  Isle.  659 

111.  Ceryle  alcyon.     Belted  Kingfisher. 

*  *  Common  as  a  summer  resident  from  April  to  November,  and  on 
one  occasion  (January  23,  1895)  I  saw  a  single  bird  in  midwinter, 
after  the  bay  had  been  frozen  for  several  weeks.*'  (Bacon).  It  is 
not  very  common,  however,  on  the  Peninsula  during  the  breeding 
season  proper,  doubtless  owing  to  the  scarcity  of  suitable  nesting 
sites.  In  1900  it  was  first  observed  April  7,  and  by  April  11  had 
become  quite  numerous  along  the  bay  shore  and  margins  of  the  ponds. 
This  comparative  abundance  continued  until  about  the  first  of  May, 
when  the  nesting  season  begins.  The  only  nest  discovered  was  in  a 
low  bank  on  the  Peninsula  about  the  middle  of  the  shore  of  the  bay. 
It  was  found  May  25,  but  not  examined.  The  species  was  seen  almost 
daily  in  the  fall  up  to  October  12,  and  once  again  November  i. 

112.  Dryobates  villosus.     Hairy  Woodpecker. 

A  permanent  resident  here  as  elsewhere  throughout  its  range,  pre- 
ferring heavy  timber.  An  occasional  bird  is  seen  on  the  Peninsula, 
and  Mr.  Bacon  thinks  it  is  more  common  than  the  Downy  Wood- 
pecker. 

113.  Dryobates  pubescens  medianus.     Downy  Woodpecker. 
Like  the  last,  a  permanent  resident,  not  uncommon  in  its  chosen 

haunts,  and,  except  in  the  nesting  season,  often  associating  with  other 
of  the  small  resident  and  winter  resident  birds. 

114.  Sphyrapicus  varius.     Yellow-bellied  Woodpecker. 

A  transient  visitant,  noted  by  Mr.  Bacon  as  being  in  some  years 
quite  abundant  in  the  spring  migration.  His  earliest  spring  note  is 
March  31,  1893.  Mr.  Sennett  has  several  specimens,  one  taken 
April  10,  1875.  According  to  our  observations  in  1900  it  was  toler- 
ably common  in  the  spring,  but  much  more  numerous  in  the  fall. 
The  first  was  seen  April  18,  but  from  lack  of  data  the  length  of  its 
stay  cannot  be  given.  In  the  autumnal  movement  September  18  was 
the  date  of  its  first  appearance,  and  by  September  26  it  had  fully 
reached  the  limit  of  its  abundance,  and  did  not  finally  disappear  until 
October  12.  It  was  particularly  partial  to  wild  cherry  trees,  and  was 
accordingly  most  abundant  along  the  board-walk,  where  these  trees 
are  numerous.  Mr.  Sennett 's  expressed  opinion  that  the  species 
breeds  occasionally  {^Birds  of  Pennsylvania,  1890,  169)  refers  in  all 
probability  to  the  interior  of  Erie  County. 


560  Annau^  of  i-HE  Carnerie  Museum. 

\Ctgphlaus  filtatia  abiitifala.     NoRTHKIlN  PlLEATED  WOODPECKER. 

This  woodpecker  is  not  an  ancommoD  species  in  the  inlerioi  of  Erie  Counly,  but  Mr. 
Bacon  has  never  seen  or  heard  of  one  within  six  miles  of  Ihe  lake,  so  thai  it  does  not 
properly  come  williin  the  scope  of  Ibe  present  list,  although  it  miiy  yet  be  detected. 
True,  there  are  twQ  specimens  in  Mr.  Sennett's  collection,  labeled  without  qualificatjon 
"  Erie",  but  the  correctness  of  the  label  in  this  respect  is  open  to  question,  not  only 
!□  liew  of  Mr.  Bacon's  statement  as  above,  but  also  because  Mr.  Sennett  himself 
teems  to  intimate  that  this  species  is  found  in  Erie  County  only  in  the  vicinity  of  Lake 
Pleasant  {Bird,  of  Pmmylvania,  1890,171).] 

itj.    Melanerpes  erythrocephalus.     Red  headed  Woodpecker. 

A  common  summer  resident  (on  the  mainlaod)  from  .April  to  October, 
and  occasionally  winters  here.  Mr.  Bacon  contributes  the  following 
note  on  this  point :  "  On  several  days  in  the  winter  of  1888-89  (De- 
cember 39,  1 888,  January  3  and  5,  1 88g,  lo  be  more  exact)  I  obser\'ed 
this  bird  in  small  parties  of  eight  or  ten  individuals  each,  and  there 
seemed  to  be  some  in  every  woods. "  The  specimens  in  Mr,  Sen- 
nett's series  bear  the  following  dates,  abundantly  confirming  the  general 
statement:  November  6,  14  and  17,  1874;  February  25  and  May 
18,  1875;  February  9,  1876;  February  11,  1878;  September  24  and 
October  37,  1888.  Definite  records  of  this  species  nesting  on  the 
Peninsula  are  lacking,  and,  indeed,  it  would  seem  not  to  occur  there 
during  the  breeding  season  at  all.  In  1900  it  was  first  observed  April 
30,  and  a  number  were  noted  again  on  May  8  and  9.  In  the  fall  it 
was  not  detected  imtil  September  21,  but  from  that  time  until  Ihe  end 
of  the  month  was  very  much  in  evidence,  frequenting  the  tall  trees 
along  the  board-walk  and  elsewhere.  By  October  8  the  last  had 
departed. 

116.  CentUTus  carolinus.     Red-bellied  Woodpecker. 

The  seasonal  status  of  this  species  here  is  uncertain.  It  seems  to 
have  come  under  the  notice  of  observers  in  the  northern  part  of  its 
range  mostly  in  the  winter,  but  this  is  no  indication  that  it  does  not 
occur  save  at  that  season,  as  the  writer  has  satisfied  himself  in  at  least 
one  case  by  persistent  work.  Its  occurrence  at  Erie  is  no  exception 
to  the  general  rule,  the  records  resting  on  four  specimens  in  Mr.  Sen- 
nett's collection  bearing  dates  respectively  of  October  6,  10,  and 
November  11,  1874,  and  February  8,  1876. 

117.  Colaptes  auratus  luteus.     Northern  Flicker. 

The  Flicker  is  a  common  summer  resident,  not  known  ever  to  stay 
through  the  winter,  although,  according  to  Mr.  Bacon's  experience, 
remaining  sometimes  quite   late  (November  lo,  1897  ;  December  i. 


Todd  :    Birds  of  Erie  and  Presque  Isle.  561 

1888),  and  returning  usually  in  March  (March  12,  1898  ;  March  20, 
1903).  Its  arrival  was  overlooked  in  the  spring  of  1900,  or  at  least  unre- 
corded, although  a  single  specimen  was  taken  April  17.  In  the  fall  there 
was  an  immense  movement  of  these  birds  beginning  about  September 
15,  and  continuing  to  near  the  end  of  the  month.  During  this  period 
they  were  exceedingly  abundant,  thronging  the  wooded  portions  of  the 
Peninsula,  and  apt  to  be  met  with  even  in  the  open.  Like  the  Yellow- 
bellied  Woodpeckers,  they  seemed  partial  to  wild  cherry  trees,  and 
often  a  half  dozen  or  more  could  be  seen  in  one  such  tree.  The 
species  was  present  in  diminished  numbers  through  October,  and  the 
last  record  was  of  a  single  bird  seen  September  17,  with  a  party  of 
Meadowlarks  on  the  sand-barrens  near  the  outside  beach. 

118.  Antrostomus  vociferus.     Whip-poor-will. 

A  summer  resident  species,  which,  curiously  enough,  was  found  by 
us  only  in  the  tract  of  woodland  at  the  foot  of  the  board-walk,  between 
Yellow  Bass  and  Graveyard  Ponds,  where  it  seemed  to  be  not  uncom- 
mon after  its  arrival  on  May  i.  Mr.  Bacon,  however,  thinks  these 
birds  were  transients,  as  he  has  seen  the  species  on  but  two  occasions, 
(September  4,  1899  ;  July  19,  1902),  and  has  heard  its  notes  only 
on  a  few  occasions  in  May,  and  hence  considers  it  rare  on  both  the 
Peninsula  and  the  mainland  during  the  summer.  Mr.  Simpson  reports 
having  taken  a  specimen  north  of  Niagara  Pond  on  April  26,  1902. 

119.  Chordeiles  virginianus.     Nighthawk. 

Not  uncommon  as  a  summer  resident.  It  is,  however,  much  more 
numerous  during  the  migrations  than  in  summer,  but  occasional  birds 
are  seen  at  the  latter  season,  and  no  doubt  it  breeds  regularly.  In 
1900  its  arrival  was  noted  May  16,  and  one  was  seen  the  next  day. 
The  only  other  record  is  of  a  single  bird  seen  and  positively  identified 
on  September  23,  flying  over  at  Crystal  Point.  This  is  a  very  late 
date  indeed.  *'  On  May  17,  1894,  I  observed  a  flight  of  these  birds,  in 
small  parties  of  from  two  to  six  individuals,  going  eastward  along  the 
Lake  Erie  shore.  They  seemed  to  follow  at  fairly  regular  intervals, 
and  during  'the  two  hours  that  I  was  able  to  observe  them,  I  saw 
probably  one  hundred  birds.  On  August  28,  1901,  a  similar  flight 
was  noticed  by  some  of  my  friends,  a  peculiar  circumstance  connected 
with  which  was  that  the  birds,  although  in  fall  migration,  also  fol- 
lowed the  lake  shore  to  the  east,  the  same  course  as  pursued  in  the 
spring.*'    (Bacon). 


581?  A_VNALS   OF   THE   CaK_\EG1E   MfSElM. 

1 20.  Cluetura  pelagica.     Chimney  Swift. 

This  species  occurs  as  a  summer  resident,  and  perhaps  nests  on  the 
Peninsula,  having  been  seen  by  the  writer  about  the  lighthouse  build- 
ings in  June,  1899.  It  is  also  rather  common  in  the  city,  but  its  first 
appearance  in  1900  was  overlooked.  In  the  fall  the  last  was  seen 
September  ao,  this  being,  indeed,  our  only  record  at  that  season,  but 
in  Mr.  Sennett's  collection  there  is  a  specimen  taken  as  late  as  October 
10  Cr874)- 
iji.  TrochiluB  colubris.     Ribv-throated  Hummingbird. 

Here  as  elsewhere  in  the  United  Slates  a  summer  resident,  appa-  I 
renlly  not  very  common.      It  was  not  observed  in  the  spring  of  190O 
until  May  21,  but  its  real  arrival  probably  took   place  two  or  three 
weeks  earlier.      In  the  fall  it  was  noted  last  on  September  9. 
123.   Tyrannus  tyranntiB.     Kingbird, 

A  common  summer  resident  on  both  the  Peninsula  and  the  main- 
land, appearing  early  in  May  (May  ;,  1893;    May  8,  1901,  Bacon). 
In  1900  its  arrival  was  recorded  May  3,  when  a  half  dozen  individuals  1 
were  seen  together  at  Crystal  Point,     It  was  noted  but  twice  in  Au- 
gust, and  the  last  was  seen  on  September  i. 

123.  Hyiarchus  crinitus.     Cresteij  Flvlatcher. 

A  summer  resident,  not  very  common,  at  least  on  the  Peninsula, 
where  it  is  confined  to  the  wooded  ridges.  It  may  possibly  be  more 
numerous  on  the  mainland,  where  it  was  first  observed  in  the  spring 
of  1900  on  May  3,  at  the  '"  Head."  In  the  fall  the  latest  record  was 
September  10,  the  period  of  its  stay  being  thus  but  little  longer  than 
that  of  the  Kingbird. 

124.  Sayornis  phtebe.     Phu:be-bird. 

A  common  summer  resident  in  this  general  region,  although  not 
actually  detected  as  such  on  the  Peninsula,  the  character  of  the  ground 
being  unsuited  to  its  needs.  However,  it  was  quite  common  there 
for  a  time  during  the  spring  migration,  and  also  in  the  fall  to  a  less 
extent,  haunting  the  margins  of  the  various  ponds.  April  3  was  the 
date  of  its  first  appearance,  and  it  was  recorded  as  common  on  April 
12.  There  were  two  records  each  for  August  and  September,  and 
the  last  was  seen  October  4.  Additional  records  for  the  spring  migra- 
tion are  March  29,  1875  (Sennett),  and  March  31,  1892  (Bacon). 

125.  Nuttallomis  borealis.     Olive-siued  Fi.vcatcher. 

Cenlopus  ior^alii,  Bairu,  Birds  of  North  America,  1858,  18S.— .\.  O.  U.  Check- 
List,  1883,  233,  and  of  recent  authors  gencrallj-. 


Todd  :    Birds  of  Erie  and  Presque  Isle.  563 

NuttaUornis  borealis,  Oberholser,  Auk,  XVI,  1899,  331. 

A  rare  transient  visitant  in  this  locality.  A  single  female  shot  by 
Mr.  Simpson,  September  18,  1900,  in  an  open  grove  just  east  of 
Niagara  Pond,  constitutes  the  only  record. 

126.  Horizopus  virens.     Wood  Pewee. 

Contopus  virens^  Cabanis,  Journal  fiir  Ornithologie,  III,  1855,  479. — A    O.  U. 

Check-List,  1883,  234,  and  of  most  recent  authors. 
Horizopus  virens^  Oberholser,  Auk,  XVI,  1899,  332. 

Fairly  common  as  a  summer  resident,  and  noted  as  such  by  the 

writer  in  June  of  1899.     The  following  season  its  arrival  was  observed 

May  14,  and  it  soon  became  numerous.     Although  repeatedly  noticed 

in  the  scattered  trees  of  the  eastern  end  of  the  Peninsula,  it  was  much 

more  common   in  the  high,  thick  woods  of  the  central  and  western 

portions.     There  seemed  to  be  a  marked  movement  of  this  species 

beginning  about  September  11,  and  continuing  for  about  two  weeks. 

During  this  period  it  was  not  unusual   to  meet  with  many  individuals 

together  in  the  woods,  usually  in  company  with  other  forest-loving 

birds,  continually  on  the  move  in  the  tree-tops.     The  time  of  nesting 

is  indicated  by  the  label  of  a  specimen  in  Mr.  Sennett's  collection, 

dated  June  22,  1875,  which  states  that  it  was  taken  ^*with  the  nest 

and  three  eggs." 

127.  Empidonax  flaviventris.     Yellow-bellied  Flycatcher. 
Occurs  as  a  transient  visitant,  apparently  rare   in  the  spring,  but 

rather  common  in  the  fall.  The  only  spring  record  in  1900  referred 
to  a  single  bird  taken  May  26.  As  early  as  August  25  it  had  reap- 
peared, and  was  noted  at  frequent  intervals  up  to  October  3,  the  date 
of  its  last  record  in  the  fall.  Its  favorite  resorts  were  the  tracts  of  dense 
shrubbery  along  the  ponds,  where  it  contrived  to  keep  well  hidden. 

128.  Empidonax  virescens.     Acadian  Flycatcher. 

The  Acadian  Flycatcher  appears  to  be  a  regular  and  rather  common 
summer  resident,  both  on  the  mainland  and  Peninsula.  It  was  first 
met  with  by  the  writer  on  June  26,  1899,  in  a  dense  growth  of  pines 
in  the  rear  of  the  north  lighthouse,  and  here  a  specimen  was  secured 
on  May  15  of  the  following  year,  constituting  the  earliest  spring  rec- 
ord. An  old  nest  was  discovered  here  also.  On  May  28  it  was  found 
quite  commonly  in  the  deep  woodland  along  the  lake  shore  near  the 
**  Head."  This  appears  to  be  one  of  the  northernmost  localities 
where  this  relatively  southern  species  is  known  to  breed  regularly. 
Mr.  Sennett  has  a  specimen  taken  August  20,  1888,  but  we  did  not 
meet  with  it  in  the  fall. 


6G4 


139-  Empidonaz  traillli  alnonim .     Alder  Flycatcher. 

This  interesting  little  flycatcher  may  breed  in  this  locality,  but  has 
been  certainly  delected  only  during  the  spring  migration,  and  appears 
to  be  quite  rare.  A  single  specimen  was  taken  May  26,  1900,  in 
thick  shrubbery.     Mr.  Bacon  secured  one  bird  on  May  21,  1894. 

130.  Empidonax  minimus.     Lea.st  Flvcatcher. 

Tolerably  common  as  a  summer  resident,  at  least  on  the  Peninsula. 
It  was  first  observed  in  tgoo  on  May  g.and  rei^eatedly  thereafter  until 
the  end  of  the  month.  It  is  partial  to  tracts  of  shrubbery,  as  is  also 
the  Yellow -bellied  Flycatcher,  but  is  more  apt  to  be  found  on  their 
outskirts  and  in  openings  than  that  species.  It  was  unaccountably 
rare  in  the  fall,  and  was  noticed  then  on  but  two  occasions — Septem- 
ber 12  and  27. 

131.  OtDCorlaalpestris.     Horned  Lark. 

Occurs  as  a  winter  resident  only,  but  none  have  been  identified 
within  late  years,  although  special  search  has  been  made  at  the  times 
when  it  would  he  expected  to  occur.  Such  negative  evidence  does  not, 
of  course,  preclude  its  regular  occurrence.  There  are  eight  mounted 
specimens  of  this  form  in  Mr,  Sennett's  collection,  shot  in  February 
and  April,  and  two  skins  dated  respectively  February  14  and  March 
34,  1875.      ("See  Dvi\ght,  Aid;  VII,  1890.  I4».) 

132.  Otocorie  alpestris  praticola.     Prairie  Horned  Lark. 

One  of  the  common  and  characteristic  birds  of  this  general  region, 
where  it  occurs  at  all  seasons  of  the  year,  although  it  is  probable  that 
many  or  all  of  the  winter  individuals  come  from  farther  north.  It 
breeds  quite  early  in  the  season  :  thus,  Mr.  Bacon  found  a  nest  with 
eggs  March  31,  1896,  while  another  nest  discovered  by  him  May  i, 
1901,  shows  that  the  nesting  season  is  sometimes  prolonged.  It  was 
notedin  the  spring  of  1900  from  March  21,  when  our  observations 
began,  throughout  the  season,  but  curiously  enough,  it  was  not 
recorded  from  the  Peninsula  until  May  31,  when  an  immature  example 
was  secured  there,  all  the  other  records  referring  to  single  birds 
or  pairs  in  open  fields  on  the  mainland,  or  seen  flying  over. 
Evidently  it  breeds  here,  and  retires  to  the  Peninsula  with  its  young 
when  they  are  able  to  fly.  In  June  of  1897  and  1899  it  was  found  on 
the  outside  beach,  in  the  latter  year  in  great  abundance,  occurring  in 
small  parties,  perhaps  formed  by  the  union  of  several  family  groups,  as 
they  were  composed  largely  of  immature  birds,  which  were  quite  tame 


Todd  :    Birds  of  Erie  and  Presque  Isle.  565 

and  easily  approached.  In  the  fall  of  1900,  too,  it  was  quite  abund- 
ant here  also,  particularly  in  October,  associating  with  the  Snow 
Bunting,  but  no  very  large  flocks  were  observed.  Through  the  winter, 
however,  flocks  of  considerable  size  are  often  found  on  the  Peninsula, 
and  even  more  frequently  on  the  mainland. 

133.  Cyanocitta  cristata.     Blue  Jay. 

»  The  Blue  Jay  is  a  permanent  resident,  and  at  times  very  abundant, 
being  one  of  the  few  conspicuous  birds  in  the  heavy  timber  of  the 
Peninsula  in  the  early  spring,  also  in  the  fall,  in  October.  The  wood- 
land on  either  side  of  Long  Pond  is  a  favorite  haunt.  A  nest  was 
discovered  in  a  bushy  sapling  at  the  foot  of  Ridge  Pond  in  May,  1900, 
but  was  deserted  before  all  the  eggs  were  laid. 

134.  Corvus  corax  principalis.     Northern  Raven. 

This  is  given  by  Mr.  Sennett  as  a  straggler,  and  on  the  questionable 
authority  of  Dr.  John  W.  Detwiller  as  having  been  seen  once  in  win- 
ter (Warren,  Birds  of  Pennsylvania,  1890,  202).  Wilson  speaks  of 
the  Raven  **as  entirely  supplanting  the  Crow  on  the  southern  shores 
of  Lake  Erie  "  (in  Ohio),  but  this  was  almost  one  hundred  years  ago 
(^American  Ornithology,  IX,  1825,  136). 

135.  Corvus  brachyrhynchos.     American  Crow. 

Con'us  (iffitricanuSy  AunrnON,  Ornithological  Biography,  II,  1834,  317,  and  of 
most  authors. 

Con'iis  hraihyrhynchos,  Brehm,  BeitrSge  zur  Vogelkunde,  II,  1822,  56.  —  Rich- 
mond, Proceedings  Biological  Society  of  Washington,  XVI,  1903,  125. 

Common,  according  to  Mr.  Bacon,  during  all  but  the  winter  months, 
and  occasionally  seen  at  that  season  also.  It  arrives  very  early  in  the 
spring  (February  22,  1894;  February  28,  1893),  and  by  the  end  of 
April  the  nests  usually  contain  eggs.  It  was  numerous  on  March  21, 
1900,  at  the  inception  of  our  work,  feeding  about  the  shores  and  the 
edge  of  the  ice  at  the  mouth  of  Mill  Creek,  much  in  the  manner  of  the 
Herring  Gull.  A  large  flock  was  observed  west  of  the  city  the  same 
day.  Although  uncjuestionably  breeding  quite  commonly  on  the 
Peninsula,  the  only  instance  that  came  to  our  notice  was  that  of  a 
nest  found  May  9  at  the  head  of  Yellow  Bass  Pond.  In  the  fall  it  was 
most  abundant  in  October,  and  was  noted  up  to  November  10.  It 
was  frec^uently  found  along  the  outside  beach,  feeding  on  living  and 
dead  animal  matter  cast  upon  the  shore.  Mr.  Bacon  contributes  the 
following  interesting  observation  on  the  feeding  habits  of  this  bird : 
**  Once  during  the  summer  of  1886  I  saw  a  Crow  fly  out  of  an  evergreen 


with  his  'hands  ful),'  so  to  speak.  A  shot  induced  him  to  drop  his 
burden,  which  proved  to  be  a  Fiicker,  just  at  its  last  gasp.  Never 
before  or  since  have  1  caught  a  Crow  in  the  act  of  killing  a  bird,  and 
the  size  of  the  bird  attacked  was  doubly  surprising." 

136.  Dolichoayx  oryzivorus.     Bobolink. 

In  the  meadows  of  the  mainland  this  species  is  a  very  common  sum- 
mer resident,  the  country  being  particularly  adapted  to  its  needs.  Mr. 
A,  M.  Howes  has  a  set  of  four  eggs  collected  near  Erie  in  June,  1S94. 
In  1900  the  first  migrant  of  the  season  was  seen  May  7  (Bacon), 
which  is  a  fair  average  dale  of  arrival.  The  species  was  observed  on 
the  Peninsula  but  once  in  the  spring — May  30,  when  a  single  male 
was  taken  along  the  edge  of  Big  Pond.  In  the  fall  migration 
flock  of  about  thirty  was  noted  September  8,  in  some  weeds  a 
bushes  at  the  mouth  of  Niagara  Pond.  Mr,  Bacon  says  of  it  at  this 
season  ;  "  They  begin  to  flock  early  in  August,  and  by  the  end  of  the 
month  they  can  be  heard  overhead  every  night  on  their  way  south- 
ward. I  have  seen  occasional  flocks  come  into  the  wild  rice  in  the 
Peninsula  ponds,  but  I  think  they  do  not  remain  here  more  than  one 
night.  They  never  approach  the  Red-winged  Blackbird  in  abundance, 
straggling  flocks  of  from  twenty  to  forty  birds  being  the  rule. 
September  24,  1S97,  1  saw  several  hundred  in  aclover  field.  October 
1,  1901,  I  saw  between  two  and  three  hundred  in  a  stubble  field  west 
of  the  city.  The  latter  dale  is  very  close  to  the  time  of  the  final  de- 
parture of  the  species  for  the  south. " 

137.  Holothrus  ater.    Cowbird. 

Common  on  the  mainland  as  a  summer  resident  from  March  (March 
22,  1893,  Bacon)  through  September  (October  i,  1874,  Sennett), 
after  which  it  is  seldom  seen.  It  often  associates  with  the  Red-winged 
Blackbird.  On  the  Peninsula  it  must  evidently  be  quite  uncommon, 
as  it  certainly  entirely  escaped  notice  there  in  the  season  of  1900. 

138.  Xanthocephalus    zanthocephalus.     Yellow-headed    Black- 
bird. 

An  accidental  visitant  from  the  west.  One  specimen,  a  male,  was 
shot  by  Mr.  Bacon  .August  22,  1896,  on  the  Peninsula  near  "Big 
Bend."      It  was  alone. 

139.  Agelaius  phocniceus.     Red-wini:ed  Bi,.\ckbird. 

\  very  common  summer  resident,  to  all  appearances  breeding  quite 
plentifully  on  the  marshes  of  the  Peninsula,  where  it  was  noted  by  the 


Todd  :    Birds  of  Erie  and  Presque  Isle.  567 

writer  in  June  of  1897  and  1899,  although  no  nests  were  found,  either 
then  or  in  1900.  '*The  date  of  its  arrival/'  Mr.  Bacon  writes, 
**  varies  considerably,  depending  as  it  does  upon  the  general  advance 
of  the  season,  and  has  been  observed  from  March  7  (1902)  to  30 
(1893).  ^"  August  and  September  this  species  resorts  by  thousands 
to  the  Peninsula,  going  to  the  ponds  containing  wild  rice  late  in  the 
afternoon,  and  starting  back  to  the  mainland  soon  after  sunrise.  Oc- 
casional flocks  remain  in  the  ponds  through  the  day,  but  the  main 
army  make  the  trips  to  the  grain  fields  and  back  again  daily.  In 
making  these  trips  they  follow  the  neck  of  the  Peninsula  at  its  western 
end,  or  else  the  breakwater  pier  at  the  eastern  end,  seldom  crossing 
the  bay  where  it  is  of  any  considerable  width.  This  bird  is  supposed 
by  most  of  the  gunners  to  be  the  *  reedbird '  of  the  game  laws,  and 
many  are  slaughtered  annually  for  food."  Their  flesh  is  said  to  be 
very  good.  A  curious  albinescent  specimen,  showing  the  pattern  of 
the  female  in  a  bleached  condition,  was  taken  by  Mr.  Bacon  Septem- 
ber 19,  1902,  and  sent  to  the  Carnegie  Museum.  November  12,  1900, 
is  the  latest  fall  date  upon  which  its  presence  has  been  recorded. 

140.  Sturnella   magna.     Meadowlark. 

A  summer  resident,  quite  common  in  the  meadows  and  cultivated 
fields  of  the  mainland,  but  naturally  not  found  breeding  on  the  Penin- 
sula, where  it  was  only  detected  occasionally  during  the  fall  migra- 
tion, a  few  being  seen  in  the  sandy  barrens  bordering  the  outside 
beach  as  late  even  as  November  17,  1900.  Mr.  Bacon  says  that  it  is 
seen  occasionally  through  the  winter  months,  as  for  instance  on  Jan- 
uary I,  1902,  although  ordinarily  it  arrives  from  March  10  (1894, 
1898)  to  29  (1896,  1899),  and  remains  until  November  5  (1896;  to 
29  (1894). 

141.  Icterus  spurius.     Orchard  Oriole. 

This  is  given  by  Mr.  Bacon  as  a  regular  but  not  common  summer 
resident,  breeding  in  suitable  situations.  It  was  not  met  with  in  1900, 
but  a  single  individual  was  detected  on  the  Peninsula  June  17,  1897, 
in  open  woodland.      Mr.  Sennett  took  one  specimen  May  10,  1875. 

142.  Icterus  galbula.     Baltimore  Oriole. 

Also  a  summer  resident,  much  oftener  seen  and  better  known  than 
the  last  species,  but  hardly  to  be  called  more  than  tolerably  common. 
Its  arrival  occurs  early  in  May  (May  6,  1893,  Bacon),  in  1900  on 
May  8,  when  individuals  were  observed  among  the  shade  trees  of  the 


568  AnS1^so^™e  Carsecie  Musfa'm. 

city  as  well  as  in  (he  woodland  on  the  Peninsula,  and  by  the  middle 
of  the  month  its  normal  summer  abundance  had  been  reached.  It 
was  not  observed  by  us  in  the  fall,  probably  having  passed  south  before 
our  observations  at  that  season  began.  August  23,  1888,  is  the  date 
of  a  specimen  in  Mr.  Sennett's  series, 

143.  Euphagus  carolinus.     Rustv  Blackbird. 

Seolapphagui  inreUnu!.    RlDGWAV,  Proceedings  I'niicd  Stales  Nationiil  Museum, 

Vm,  1S85,  356.  —  A.  O.  U.  ChBct-LisI,  1S83,  253,  aDdofmoslieccmaulhora. 

Euphagus  carolinus,   RICHMOND,  Proceedings  Biological  Society  of  Wuhington, 

XVI,  1903,  ia8. 
.■\  regular  but  not  very  common  transient  visitant,  the  bulk  of  the 
flight  passing  through  in  April  and  October,  Two  specimens  seen 
and  secured  April  19,  in  an  open  grove  east  of  the  city,  constituted 
our  only  record  for  1900.  Mr.  Bacon's  recorded  dales  of  arrival  and 
departure  are  April  G  (J900)  and  May  17  Ogoa)  for  the  spring,  and 
September  27  (iS93)and  October  21  (1902)  for  the  fall.  Mr.  Simp- 
son has  observed  it  about  the  ponds  of  the  Peninsula  as  late  as  No- 
vember 18  (1901),  "  Its  notes,  which  I  have  heard  once  or  twice, 
resemble  those  of  the  Bronzed  Crackle,  but  are  more  subdued." 
(Bacon). 

144.  Quiscalus  quiscula  Ecneus.     Bronzed  Crackle,  I 
Common  (on  the  mainland^  as  a  summer  resident    from    March 

(March  n,  1902,  Bacon;  March  14,  1876,  Sennett )  to  September, 
seldom  remaining  in  any  numbers  later  in  the  season,  although  on 
one  occasion  recorded  by  Mr.  Bacon  as  late  as  November  24  ( i88St. 
It  is  not  known  to  breed  on  the  Peninsula,  where,  indeed,  it  is  seldom 
seen  at  any  time.  One  was  shot  near  the  shore  of  Misery  Bay,  April 
II,  1900.  It  does  not  approach  the  Red-winged  Blackbird  in  abun- 
dance, nor  does  it  mix  with  that  species  to  an  appreciable  extent. 

145.  Hesperiphona  vespertina.     Eveneng  Grosbeak. 

Dr.  Warren  speaks  of  having  met  with  this  species  in  Erie  County 
during  the  season  of  1889-90,  when,  as  is  well  known,  it  appeared  over 
a  vast  territory  far  to  the  eastward  of  its  usual  range  {Birds  0/ Penn- 
sylvania, 1890,  225).  Mr.  Bacon  says  that  during  this  incursion  two 
specimens  were  shot  at  Erie,  and  mounted  by  a  local  taxidermist. 

146.  Pinicola  enucleator  leucura.     Pine  Grosbeak. 

A  rare  and  irregular  winter  visitant.  In  Mr.  Sennett's  collection 
there  are  two  specimens,  females,  taken  February  11,  1875.  Mr, 
Bacon   includes  the  species  in  his  list  on  the  strength  of  a  specimen 


Todd  :    Birds  of  Erie  and  Presque  Isle.  569 

killed  some  twenty  years  ago  (1882),  one  of  a  flock  feeding  on  the 
berries  of  the  mountain-ash. 

147.  Carpodacus  purpureus.  Purple  Finch.  A  regular  transient 
in  spring  and  fall,  breeding  sparingly  however.  Mr.  Bacon  speaks  of 
having  heard  it  in  midsummer  in  a  tract  of  evergreens,  and  Mr.  Sen- 
nett  has  young  birds  in  his  collection  dated  July  12,  August  2,  and 
August  6,  1888.  May  and  September  seem  to  be  the  months  when 
it  is  most  numerous,  but  it  is  not  impossible  that  it  occurs  during 
colder  weather,  or  even  in  the  winter.  May  2  and  September  19  were 
the  only  occasions  upon  which  it  was  detected  on  the  Peninsula  in  1900. 

[Loxia  cuJT'irostra  minor.      AMERICAN  CROSSBILL. 

This  species  doubtless  occurs  as  an  irregular  winter  visitant,  and  should  have  been 
detected  long  since.] 

148.  Loxia  leucoptera.     White-winged  Crossbill. 

A  winter  visitant,  rare  and  irregular.  In  the  winter  of  1874-75 
there  must  have  been  somewhat  of  a  flight  here,  as  Mr.  Sennett  has 
four  specimens  taken  during  that  season  :  December  17,  1874,  Jan- 
uary 2  (two)  and  March  22,  1875.  A  more  recent  record  refers  to  a 
specimen  secured  alive  on  the  Peninsula  about  October  20,  1903,  by  a 
gunner,  who  at  last  accounts  still  had  the  bird  in  captivity,  where  it 
appeared  to  be  doing  well. 

149.  Acanthis  linaria.     Redpoll. 

Another  winter  resident  species,  possibly  of  regular  occurrence,  al- 
though it  has  been  detected  so  far  during  two  seasons  only.  There  are 
seven  specimens  in  Mr.  Sennett' s  collection,  all  taken  in  February, 
1875  (February  4,  5,  24,  25  and  26).  Mr.  Bacon  has  met  with  the 
species  but  once — March  31,  1893 — when  a  small  flock  was  seen  on 
the  Peninsula,  in  the  tops  of  some  young  poplars,  and  one  specimen 
was  secured. 

150.  Acanthis  linaria  rostrata.     Greater  Redpoll. 

Also  a  winter  resident,  a  single  specimen  having  been  obtained  by 
Mr.  Bacon  from  the  flock  of  Redpolls  seen  March  31,  1893,  as  noted 
above.  Under  the  circumstances  it  would  of  course  be  impossible  to 
say  in  what  proportion  the  two  forms  were.  The  present  record  seems 
to  be  the  first  for  Pennsylvania. 

151.  Astragalinus  tristis,     American  Goldfinch. 

A  common  species  in  the  more  open  woodland  areas,  occurring — 
save  in  the  nesting  season — in  scattered  flocks  of  greater  or  less  extent. 


670  An'nals  of  the  Caknegie  Musf.um. 

Il  is  a  permanent  resident  throughout  the  year,  but  is  less  commonly 
observed,  however,  in  the  winter. 

152.  Spinus  pious.     Pine  Finch. 

The  Pine  Finch  is  to  be  classed  as  a  migrant  or  possibly  a  winter 
resident,  apparently  not  common.  On  May  34,  1900,  a  flock  of 
fifteen  or  twenty  were  met  with  in  the  scattered  trees  north  of  Misery 
Bay,  and  two  specimens  were  shot. 

153.  Passerina  lUTalis.     Snow  Bunting, 

An  abundant  and  regular  winter  resident,  more  numerous,  however, 
in  late  fall  and  early  spring  than  in  the  depth  of  winter.  They  throng 
the  outside  beach  in  flocks  of  from  a  few  birds  up  to  a  hundred  or 
more,  while  stray  individuals  arc  occasionally  fomid  along  the  shore 
of  the  bay.  Sometimes  they  are  found  associated  with  Prairie  Horned 
Larks,  but  as  a  rule  they  keep  separate.  They  usually  keep  close  to 
the  edge  of  the  water,  and  although  not  especially  shy,  are  very  rest- 
less and  erratic  in  their  movements,  flying  in  a  jerky,  hesitating  fashion, 
as  if  about  to  alight  every  instant.  For  a  species  of  such  cold  weather 
proclivities,  the  date  of  its  arrival  in  1900 — October  17 —  seems  re- 
markably early,  yet  by  October  i  z  it  was  already  recorded  as  common. 
That  this  is  not  exceptional,  however,  is  shown  by  Mr.  Bacon's 
record  of  the  same  dale  in  1893,  and  of  October  21  in  1901,  as  the 
lime  of  the  first  fall  appearance  of  the  species  in  those  years,  while  Dr. 
Warren  says  that  in  1889  one  was  shot  as  early  as  October  12  (^Foresl 
ami  Stream,  XXXIV,  February  13,  1890,  64).  He  speaks  also  of 
haling  seen  a  flock  of  two  hundred  and  fifty  or  ihree  hundred  birds 
near  the  Soldiers'  Home  in  November  of  the  same  year.  Mr.  Bacon 
mentions  that  they  are  often  seen  on  the  fields  of  the  mainland  as  well 
as  on  the  Peninsula  during  their  sojourn,  which  lasts  until  sometime  in 
March. 

154.  Calcarius  lapponicns.     Lapland  LoNGsruR. 

Dr.  Warren's  statement  that  this  species  is  a  tolerably  common  and 
regular  winter  visitor  about  Lake  Erie  {Birds  of  Pennsylvania,  1890, 
233)  is  not  fully  confirmed  by  the  available  evidence.  Mr.  Sennett 
took  at  least  three  specimens  on  October  3,  1889  (see  Warren,  Forest 
ami  Stream,  XXXIV,  February  13,  1890,  64),  and  two  on  March 
25.  1875,  Ihese  two  dates  being  respectively  the  earliest  for  the  fall 
and  latest  for  the  spring.  Mr.  Bacon  first  detected  it  on  March  3, 
1894,    when  a   flock   of  a   half  dozen    was    seen    and    one  specimen 


Todd  :   Birds  of  Erie  and  Presque  Isle.  671 

secured.  No  more  were  met  with  until  February  28,  1902,  when 
a  few  were  found  in  a  field  west  of  the  city,  and  two  specimens  taken 
the  following  day..  Again,  in  1903,  on  March  11  and  13,  still  others 
were  found,  and  on  this  occasion  five  specimens  were  taken.  Two 
examples  were  secured  on  March  8,  1904.  **They  seem  to  be  much 
wilder  and  more  difficult  to  procure  than  the  Snow  Buntings,  with 
which  they  often  associate.*'  Future  research  may  show  that  this 
bird  occurs  regularly  every  season,  but  the  above  are  all  the  known 
records.  Doubtless  it  is  found  also  through  the  months  intervening 
between  October  and  March. 

155.  Pooecetes  gramineus.     Vesper  Sparrow  ;  Grass  Finch. 

**  A  summer  resident,  common,  arriving  the  latter  part  of  March 
(March  31,  1893),  and  soon  becoming  numerous.  Nests  have  been 
found  as  early  as  May  7  (1893),  and  as  late  as  July  2  (1892),  in  the 
latter  case  possibly  a  second  nesting.**  (Bacon.)  It  was  observed  on 
the  sandy  barrens  of  the  Peninsula  on  April  18,  1900,  in  straggling 
flocks,  reminding  one  of  those  of  the  Slate-colored  Snowbird  in  their 
behavior.     In  the  fall  the  last  bird  was  noted  October  27. 

156.  Passerculus  sandwichensis  savanna.     Savanna  Sparrow. 
Possibly  a  summer  resident  on  the  mainland,  and  so  given  by  Dr. 

Warren  on  Mr.  Sennett*s  authority  {Birds 0/ Pennsylvania,  1890,  234), 
but  the  exact  locality  is  indeterminate.  The  only  specimen  in  Mr. 
Sennett's  collection  is  dated  September  12,  1875,  ^^^  ^Y  ^^^  other 
observers  it  has  been  noted  only  as  an  uncommon  transient  in  the 
autumnal  migration.  The  writer  shot  a  specimen  on  the  breakwater 
August  30,  1893,  and  Mr.  Bacon  took  specimens  on  September  16  and 
30  of  the  same  year.  In  the  season  of  1900  it  was  noted  on  September 
6,  14,  and  15,  specimens  being  secured  on  each  occasion.  The  sand- 
barrens  along  the  outside  beach  were  its  chosen  haunts  at  this  season. 

157.  Coturniculus  savannarum  passerinus.     Yellow-wingkd  Spar- 
row. 

In  a  section  such  as  this,  so  well  adapted  to  its  needs,  the  present 
species  would  be  expected  as  a  common  summer  resident,  frequenting 
the  open  country  of  the  lake  shore  plain.  It  is  mentioned  as  breeding 
by  Mr.  Sennett  {Auk,  VI,  1889,  198)  in  such  a  way  as  to  leave 
the  inference  that  the  circumstance  deserves  special  remark,  and, 
indeed,  it  is  given  as  a  rare  breeder  in  this  section  on  the  authority 
of  the  same  observer  (Warren,  Binis  of  Pennsylvania,   1890,  235). 


572  Annals  of  the  Carnegie  Museum. 

It  came  under  our  notice  but  once.  May  28,  1900,  when  m^  Hms 
seen  in  a  meadow  near  the  ''Head."  Mr.  Sennett  has  tNro  qpeei- 
menSy  taken  August  7,  1888. 

[Ammodramm  henslomi,  Hbnslow's  Sparrow. 

Careful  search  was  made  for  this  sparrow  on  the  Peninsala,  which  aboonds  witli 
spots  suited  to  the  bird's  needs,  but  without  success,  and  it  remains  one  of  the  qpe- 
des  yet  to  be  detected.] 

158.  Ammodramiis  nelsoni.    Nelson's  Sharp-tailed  Sparrow. 
This  little-known  sparrow  was  added  to  the  avi&una  of  Pennsylvania 

on  September  23,  1893,  when  a  single  bird  was  taken  at  the  moudi 
of  Mill  Creek  by  Mr.  Bacon.  This  remained  the  only  record  up  to 
the  season  of  1900,  when  our  field  work  showed  it  to  be  a  raie 
spring  but  quite  common  fall  transient  visitant  on  the  Peninsula.  A 
single  specimen  taken  in  Niagara  Pond  May  24  was  the  only  q^rii^ 
record.  In  the  fall  it  was  first  certainly  identified  September  13^  and 
was  probably  seen  several  days  previous  to  that  date,  while  thane  «i« 
no  records  later  than  October  6.  Although  found  about  nearly  all  of 
the  ponds,  Niagara  and  Big  Ponds  were  its  favorite  resorts.  The 
birds  were  wont  to  frequent  the  thin  growth  of  rushes  along  the 
water's  edge,  where  they  would  run  and  skulk  and  hide  with  the 
utmost  dexterity,  flushing  only  when  closely  pressed,  and  soon  drop- 
ping down  again,  sometimes  flying  back  to  the  growth  of  weeds  and 
bushes  adjoining.  In  such  cases  they  were  usually  easily  secured  by 
noting  where  they  alighted  and  **  squeaking  **  them  up  into  sight. 
While  there  is  no  reason  apparent  why  this  species  should  not  pass  the 
summer  here,  it  is  unlikely  that  it  does  so,  judging  from  our  present 
knowledge  of  its  distribution  at  that  season,  from  which  it  appears  to 
be  extremely  local. 

[Choftdestes grammacits.     Lark  Sparrow. 

The  eastward  extension  of  the  range  of  this  species  along  the  lake  shore  plain  from 
Ohio  to  Pennsylvania  may  reasonably  be  expected.  It  has  been  found  breeding  at 
Oberlin,  Ohio  (McCormick,  Auk,  IX,  1892,  397).] 

159.  Zonotrichia  leucophrys.     White -crowned  Sparrow. 

A  tolerably  common  spring  and  fall  transient.  May  i,  1894,  is 
the  earliest  available  date  in  the  spring,  while  a  specimen  secured 
May  17,  1900,  constitutes  the  latest  date,  as  well  as  the  only  occur- 
rence observed  by  us  at  that  season.  The  first  was  seen  in  the  fall 
September  19,  and  the  migration  lasted  about  two  weeks,  or  until 
October  3.     At  this   time  it  was  fond  of  tracts  of  bushes  and  shrub- 


TopD :    Birds  of  Erie  and  Presque  Isle.  573 

bery  in  the   more  open  situations,  and  was  particularly  numerous    in 
some  such  growth  north  of  Horseshoe  Pond. 

i6o.    Zonotrichia   albicollis.     White-throated  Sparrow. 

Like  the  last  a  transient  visitant,  but  much  more  numerous,  being 
fairly  common  in  the  spring  and  abundant  in  the  fall.  At  the  former 
season  it  was  first  observed  April  18  in  1900,  reaching  its  maximum 
abundance  May  2,  and  disappearing  May  10.  May  13,  1892,  and 
May  15,  1875,  are  the  latest  spring  records  given  by  Messrs.  Bacon 
and  Sennett  respectively.  On  its  return  the  first  record  was  for 
September  15,  and  the  last  for  October  29,  its  stay  being  thus  about 
six  weeks,  for  much  of  which  period  it  was  one  of  the  most  abundant 
of  the  smaller  land-birds,  swarming  everywhere  in  suitable  covert,  as 
for  instance  all  along  the  board-walk.  October  28,  1888,  is  the  date 
of  a  late  fall  migrant  in  Mr.  Sennett' s  collection. 

161.  Spizella  monticola.     Tree  Sparrow. 

Abundant  as  a  winter  resident,  probably  more  numerous,  on  the 
whole,  than  any  other  native  bird  at  that  season,  haunting  the  many 
and  extensive  tracts  of  shrubbery,  bushes,  and  weeds  on  the  Peninsula, 
and  found  usually  in  straggling  flocks  of  greater  or  less  extent,  often 
associated  with  other  species  of  kindred  haunts  and  habits,  as  the 
Slate-colored  Snowbird  for  instance.  None  were  noticed  later  in  the 
spring  of  1900  than  April  18,  while  the  first  fall  record  fell  on  No- 
vember 5,  although  the  real  arrival  was  probably  earlier  by  a  week  or 
more,  as  indicated  by  a  specimen  in  Mr.  Sennett' s  collection  taken 
October  26,  1889.  An  interesting  albino  was  shot  April  16,  1900  :  it 
was  a  dirty  white  color,  shaded  with  light  russet  brown  on  the  wings, 
tail,  and  back,  the  whole  plumage  being  much  worn. 

162.  Spizella  socialis.     Chipping  Sparrow. 

A  very  common  summer  resident  in  the  cultivated  grounds  of  the 
mainland,  but  not  observed  as  such  on  the  Peninsula,  where  it  was 
noted  in  the  fall  migration  only,  in  September  and  early  October. 
April  3,  1892,  is  Mr.  Bacon's  earliest  recorded  spring  appearance,  and 
October  27,  1888,  is  the  latest  fall  record  afforded  by  Mr.  Sennett' s 
collection.  On  May  30,  1888,  Mr.  Bacon  found  three  nests  of  this 
species  built  on  the  ground  {Oo/ogisty  Albion,  N.  Y.,  VI,  1889,  134). 
**  They  were  all  in  orchards,  in  long  grass." 


574 


ASSAli   OV   THE    CaRNKUIE    MlNELM. 


163.  Spizella  pusilla.     Field  Sparrow. 

AJso  a  summer  resident,  which,  like  a  number  of  other  species,  is 
far  more  numerous  on  the  mainland  than  on  the  Peninsula  during  the 
nesting  season.  It  was  rjuite  common  and  in  full  song  on  the  sand- 
barrens  of  the  Peninsula  on  April  18,  1900,  and  doubtless  arrived 
considerably  earlier.  Here,  too,  it  was  rather  numerous  during  the 
fall  migration,  in  October,  the  last  being  seen  October  26, 

164.  JuQCO  hyemalis.     Slate-colored  Snowisibd. 

This  is  perhaps  best  classed  as  a  jvinler  resident,  although  it  is  com- 
paratively seldom  seen  in  the  depth  of  winter,  seeming  to  retire 
farther  south  at  that  season.  It  is  very  abundant  iu  the  spring  and 
fall  migrations,  particularly  on  the  Peninsula,  the  locality  being  well 
adapted  to  its  needs.  It  is  found  usually  in  straggling  companies  in 
the  waste  tracls,  or  on  the  edges  of  shrubbery  and  woodland,  asso- 
ciated with  Tree  Sparrows,  Golden-crowned  Kinglets,  Black-capped 
Chickadees,  and  others.  In  the  spring  of  1900  the  last  was  observed 
May  s,  and  on  its  return  the  first  was  noted  September  19,  although 
it  was  scarcely  common  until  the  first  week  in  Ociober.  However, 
its  numbers  during  this  latter  month  varied  considerably  from  day  to 
day,  the  fitictuations  perhaps  being  due  to  migratory  movements.  In 
the  spring  of  1903  the  last  was  noted  May  7  (Bacon). 

165.  Malospiza  cinerea  melodia.     Sonu  Si'arrow. 

This  familiar  species  is  abundant  on  both  the  Peninsula  and  main- 
land, wherever  there  is  suitable  covert.  An  occasional  bird  may  be 
seen  through  the  cold  season,  so  (hat  no  doubt  a  few  winter  regularly, 
but  the  bulk  of  the  species  is  made  up  of  summer  residents  only,  com- 
ing north  some  time  in  March,  when  they  are  in  full  song.  A  nest 
with  five  eggs  was  found  eaily  in  May,  1900,  placed  on  the  ground  in 
the  marsh  at  the  mouth  of  Mill  Creek. 

[Mchspha  liniolnii.      Lincoln's  SrAHROW. 

Little  can  be  said  of  this  specLcs  as  a  Pennsylvania  bird.  I 
disposition,  and  passes  tbrough  in  spring  and  fall  so  quickly  i 
easily  overlooked.     I(  doublless  occurs  here  as  a  tiansienL] 

166.  Melospiza  georgiana.     Swamp  Sparrow. 

This  sparrow  is  a  common  and  characteristic  speci 
on  the  Peninsula,  where  it  occurs  as  a  summer  resid 
thick  bushes  near  the  margins  of  the  jjonds,  and  the  growth  of  flag: 
and  cat-tails  in  moist   places,  where  il   generally  keeps  well   hidden, 


is  of  such  a  retiring 
d  quielly.  that  it  is 


if  the  marshes 
haunting  the 


Todd  :    Birds  of  Erie  and  Presque  Isle.  575 

April  24  was  the  day  of  its  recorded  arrival  in  1900,  when  it  was 
already  common  and  in  full  song.  Through  September  it  was  very 
numerous,  and  the  last  was  noted  October  6.  Additional  dates  of  in- 
terest relating  to  its  migration  are  April  20,  1902  (Bacon),  and  Oc- 
tober 6,  1888  (Sennett). 

167.  Passerella  iliaca.     Fox  Sparrow. 

A  rather  uncommon  transient  visitant,  inhabiting  the  densest  shrub- 
bery and  tangle,  usually  with  other  small  birds  of  kindred  tastes,  and 
very  retiring  in  its  disposition.  Jhe  only  spring  records  in  1900  are 
of  single  specimens  secured  respectively  on  April  13  and  18.  Mr. 
Bacon  has  noted  it  on  the  following  dates:  April  18,  1893,  April 
II,  1895,  and  April  25,  1901  — the  last  being  the  latest  spring  record, 
while  a  specimen  in  Mr.  Sennett' s  collection  marked  April  4,  1874, 
is  the  earliest  date  for  that  season.  In  the  fall  of  1900  October  5  and 
November  5  were  extreme  dates.  Mr.  Simpson  rej)orts  a  specimen 
taken  as  late  as  November  12  in  1903. 

168.  Pipilo  erythrophthalmus.    Towhee. 

A  summer  resident,  apparently  only  tolerably  common  during  the 
breeding  season  —  at  least  on  the  Peninsula  —  but  much  more  numer- 
ous during  the  migration,  frequenting  the  woodland  thickets.  "  March 
10,  1894,  I  saw  a  pair,  which  date  I  consider  very  early.  A  more 
usual  date  of  arrival  is  March  31,  1899."  (Bacon.)  In  1900  none 
were  noted  until  April  18,  when  it  was  present  in  some  numbers.  In 
the  fall  the  last  was  noted  October  1 1 . 

169.  Cardinalis  cardinalis.     Cardinal  Grosbeak. 

A  rare  species  so  far  north.  Mr.  Bacon  is  the  only  observer  who 
has  met  with  it  here.  *'  A  single  pair  of  this  species  is  all  that  I  have 
seen  or  heard.  This  pair  raised  a  brood  of  young  in  the  summer  of 
1892,  in  a  thicket  bordering  the  lake  bluff,  about  five  miles  west  of 
Erie.  On  August  18  I  was  shown  the  nest,  containing  at  that  time 
three  young  birds,  and  both  jjarents  were  seen  in  the  trees  near  by.** 
It  would  be  interesting  to  know  where  these  particular  birds  spent  the 
winter. 

170.  Zamelodia  ludoviciana.     Rose-breasted  Grosbeak. 

A  summer  resident,  not  very  common,  at  least  on  the  Peninsula, 
where,  in  1900,  it  was  first  observed  May  10  in  the  spring,  and  last 
on  September  19  in  the  fall.  Mr.  Bacon  thinks  it  is  more  common 
away  from  the  lake.     May  4,  1892,  is  his  earliest  date.     The  latest 


876  Annals  of  the  Carnegie  Muselm. 

record  is  furnished  by  a  specimen  in  Mr.  Scnnclt's  collection,  labeled 

September  ai,  1889. 

171.  Cyanospiza  cyanea.     Indigo  Bunting, 

Of  regular  occurrence  as  a  summer  resident,  although  not  common. 
May  9  was  the  date  of  its  appearance  in  1894  (Bacon).      Curiously 
enough,  we  did  not  meet  with  this  species  on  the  Peninsula  in  1900, 
although  the  locality  seems  an  ideal  one  for  its  presence. 
173.  Spiza  americana.     Black-throated  Bunting, 

This  species  is  admitted  to  the  list  on  the  strength  of  the  following 
note,  contributed  by  Mr.  Bacon  :  "On  several  occasions  I  have  seen 
and  heard  a  bird  that  I  have  identified  as  this  species,  which  is  there- 
fore to  be  counted  a  rare  summer  resident.  June  9,  1895,  I  saw  one 
singing  and  heard  two  others." 

173.  Piraaga  erytbromelas.     Scarlet  Taxager. 

Tolerably  common  as  a  summer  resident,  frequenting  the  wooded 
portions  of  the  Peninsula  and  mainland.  It  arrived  May  8  in  1900, 
and  reached  the  height  of  its  abLndance  May  10.  In  the  fall  the  last 
(and  only  one)  was  seen  September  26.  These  dates  are  probably  a 
fair  average  index  of  the  arrival  and  deparlure  of  Ihe  species.  Several 
nests  have  been  found  by  Mr.  A.  M.  Howes  in  the  woodland  along 
the  bluff  facing  the  lake,  west  of  the  city.  In  every  case  they  were 
built  on  the  horizontal  branches  of  hemlock  trees  in  deep  woods,  and 
May  30  usually  found  the  sets  complete. 

174.  Progne  subls.     Purple  Martin. 

"A  summer  resident,  nesting  commonly  in  the  city  limits  in  boxes 
provided  for  the  purpose.  Observed  dates  of  first  appearance  are 
April  15,  1892,  and  April  13,  1893."  (Bacon.)  It  is  seldom  seen 
on  the  Peninsula.  A  female  was  taken  there  May  tg,  1900,  and  in 
the  fall  migration  two  birds  were  observed  August  24. 

175.  Petrochelidon  lunifrons.     Cliff  Swallow. 

In  suitable  situations  on  the  mainland  this  species  is  a  rather  common 
summer  resident,  but  on  the  Peninsula  it  occurs  only  during  the  mi- 
grations. It  was  quite  numerous  in  the  vicinity  of  Big  Pond  on  April 
24  and  25,  1900,  in  company  with  other  swallows.  In  1902  Mr. 
Simpson  noted  it  first  on  April  26. 

176.  Hirundo  erythrogaster.     Barn  Swallow. 

Like  the  last  a  common  summer  resident  on  the  mainland,  but  found 
on  the  Peninsula  only  during  the  spring  and  fall  migrations.      Mr. 


Todd  :    Birds  of  Erie  and  Presque  Isle.  577 

Simpson  reported  it  in  1902  on  April  26.  In  the  spring  of  1900  it 
was  first  noted  April  25,  as  a  prominent  component  of  a  considerable 
flock  of  swallows  observed  near  Big  Pond.  In  the  fall  August  24 
and  25  were  days  of  considerable  movement,  and  it  was  recorded 
thereafter  at  intervals  until  as  late  as  September  18.  An  immature 
specimen  taken  by  Mr.  Bacon  July  25,  1895  (now  in  the  National 
Museum,  Biological  Survey  Collection),  is  an  almost  perfect  albino, 
showing  on  the  upper  parts  merely  a  light  wash  of  rusty. 

177.  Iridoprocne  bicolor.     White-bellied  Swallow. 

This  hardy  swallow  was  the  first  to  put  in  an  appearance  in  the  spring 
of  1900,  arriving  as  early  as  April  9,  and  soon  becoming  numerous, 
frequenting  the  bay  and  ponds  in  search  of  its  insect  prey.  Usually 
several  birds  were  observed  together,  and  on  April  24  and  25  a  con- 
siderable number  were  found  flocking  in  the  vicinity  of  Big  Pond, 
accompanied  by  three  other  species  of  swallows.  While  it  is  quite 
probable  that  this  species  breeds  on  the  Peninsula  occasionally,  the 
evidence  is  inconclusive.  It  was  noted  as  late  as  May  19,  however, 
and  was  present  in  the  fall  movement  August  21,  although  the  last 
individual  of  the  season  was  not  observed  until  September  21,  a  month 
later.  Conclusive  evidence  of  the  nesting  of  the  present  species  in 
this  locality  is  afforded  by  Mr.  A.  M.  Howes,  who  states  that  on  June 
7,  1893,  he  took  sevc7i  eggs  from  a  bird-box  in  the  rear  of  his  home 
in  the  city.  Three  birds  were  seen,  and  from  the  fact  that  on  two 
consecutive  days  two  eggs  were  laid  he  thinks  that  the  male  must  have 
been  a  bigamist. 

178.  Riparia  riparia.     Bank  Swallow. 

A  common  summer  resident,  very  plentiful  in  certain  favorable  local- 
ities. It  was  first  noted  in  the  spring  of  1900  on  April  25,  as  the  least 
numerous  of  the  flock  of  swallows  seen  near  Big  Pond  on  that  day.  On 
May  28  a  nesting  colony  on  the  mainland  a  few  miles  west  of  the  city 
was  visited,  where  perhaps  five  hundred  pairs  were  breeding.  Their 
burrows  were  excavated  in  the  sandy  banks  of  a  deep  ravine  leading  to 
the  lake  shore,  usually  near  the  top,  and  in  certain  favorable  spots  the 
face  of  the  bluff  was  very  thickly  j)unctured  indeed,  while  the  birds  com- 
ing and  going  and  hovering  in  the  air  were  a  pretty  sight.  Apparently 
no  eggs  were  laid  at  this  time,  although  no  nests  were  actually  exam- 
ined. Some  of  the  birds  were  seen  carrying  in  nesting  material,  how- 
ever.    As  a  rule  the  birds  entered  their  holes  in  pairs,  but  in  more 


B78  Annals  of  the  Carnec.ie  Mosel-m. 

than  one  case  three  individuals  were  seen  to  enter  the  same  openiog  ' 
in  rapid  succession.     Of  ten  specimens  shot  indiscriminately  all  but 
one  proved  to  be  males.      Mr.  Simpson's  first  record  for  this  swallow 
in  igo7  was  for  April  a6. 

1 79.  Stelgldopteryz  seiripennis.     Rounm-wiNOED  Swallow. 
According  to  Mr.  Simpson,   some  were  seen  with  other  swallows 

during  the  storm  of  April  ?6,  1902.  Whether  these  birds  were  blown 
out  of  their  course,  or  whether  the  species  is  an  occasional  summer 
resident  here  can  only  be  conjectured. 

{^mfvlis  garnilus.  NoRTHEkN  WaXWING. 

Here,  if  nnywliere  in  the  Slale,  should  this  species  be  deteclcd  as  3  casual  winier 

180.  Ampelis  cedrorum.     Ceuar  Waxwinc. 

A  permanent  resident  the  year  round,  nesting  in  every  orchard. 
When  seen  in  winter  it  is  in  good-sized  flocks,  haunting  mountain-ash 
trees.  Such  flocks  have  been  rather  rare,  however,  Mr.  Bacon  adds, 
in  the  last  five  years.  On  the  Peninsula  it  is  quite  numerous,  and  is 
oflen  seen  about  wild  cherry  trees  in  the  fall  months. 

181.  Lanius  borealis.     Northern  Shrike. 

'■  A  winter  resident,  but  more  apt  to  be  met  with  in  late  fall  and 
early  spring  than  through  the  colder  months.  1  scarcely  ever  see 
more  than  a  half  dozen  in  any  one  year.  It  has  been  recorded  upon 
the  following  dates  in  winter;  February  5,  1888;  December  24, 
1893;  January  21,  1894.  September  zi,  iSga,  is  my  earliest  fiill 
record,  and  March  18,  1893,  the  latest  date  in  spring."  (Bacon.) 
iSj.  Lanius  ludovicianus  migrans.     AIil^ra.m-  Siikike, 

Lanius  ludovkUnus  migram,  Wm.  Palmer,  Auk.  XV,  1898.  148. 

One  of  the  characteristic  birds  of  this  region,  where  it  is  a  common 
summer  resident  on  the  mainland,  and  occasional  during  migrations  on 
the  Peninsula,  where,  in  1900,  it  was  first  seen  .-^pril  3,  while  single 
birds,  presumably  of  this  species,  were  noted  October  13,  17,  and  18. 
Mr.  Bacon  says  that  it  starts  nest-building  immediately  upon  its 
arrival,  and  that  he  has  found  the  eggs  as  early  as  April  15  (1890). 
Mr.  A.  M.  Howes  reports  having  secured  three  sets  of  six  eggs  each 
on  April  ZI,  1900.  Dr.  Warren  gives  a  detailed  account  (Birds  0/ 
Ptnnsylvania,  1890,  261—262)  of  the  nesting  of  this  species  here  as 
observed  by  Mr.  Sennett  and  himself  on  May  20  and  zi,  1889,  at 
which  date  most  of  the  nests  conlained  young.  The  nests  are  almost 
invariably  built  in  thorn  or  wild  crab-apple  trees  in  more  or  less  open 


Todd  :    Birds  of  Erie  and  Presque  Isle.  579 

situations.  The  following  note  on  the  feeding  habits  of  this  species 
is  contributed  by  Mr.  Bacon  :  **  In  the  summer  of  1886  I  saw  one  of 
these  shrikes  kill  a  Yellow  Warbler,  and  on  May  10,  1891,  I  saw  a 
White-throated  Sparrow  impaled  on  a  thorn,  with  a  shrike  perched 
near  by,  so  that  it  would  seem  that  occasionally  this  species  preys 
upon  small  birds  as  does  the  Northern  Shrike." 

183.  Vireo  olivaceus.     Red-eyed  Vireo. 

Very  abundant  as  a  summer  resident,  more  numerous,  indeed,  than 
ever  observed  elsewhere  by  the  writer,  and  perhaps  the  most  common 
and  generally  distributed  small  bird  on  the  Peninsula,  freciuenting  the 
woodland  and  shrubbery.  It  was  first  recorded  in  1900  on  May  12, 
becoming  common  a  few  days  later,  and  not  disappearing  until  Sep- 
tember 27.  Many  old  nests  were  observed.  Mr.  Bacon  says  it  often 
nests  in  the  shade  trees  in  the  city. 

184.  Vireo  philadelphicus.     Philadelphia  Vireo. 

Fairly  numerous  as  a  transient  visitant  in  spring  and  fall,  having 
been  observed  in  the  former  season,  in  1900,  at  dates  ranging  from 
May  14  to  23,  and  in  the  latter  from  September  6  to  25.  Its  favorite 
haunts  were  bushes  and  shrubbery,  where  its  deliberate  motions  dis- 
tinguished it  from  the  warblers,  with  which  it  was  wont  to  associate, 
and  its  brighter  colors  and  smaller  size  from  the  more  common  Red- 
eyed  Vireo.  It  could  be  approached  very  closely,  manifesting  no  fear. 
Its  song  was  not  heard. 

185.  Vireo  gilvus.     Warbling  Vireo. 

Probably  occurs  as  a  summer  resident  on  the  mainland,  perhaps 
nesting  in  the  shade  trees  in  the  city,  where  it  was  noted  on  May  12, 
1900.  It  was  observed  on  the  Peninsula  in  the  fall  only,  on  Septem- 
ber I  and  12.  Mr.  Sennett  has  a  specimen  taken  as  late  as  September 
21  (1888). 

186.  Vireo  flavifrons.     Yellow-throated  Vireo. 

Doubtless  a  summer  resident,  but  not  very  common.  One  shot 
May  4  was  the  first  of  the  season  in  1900,  and  the  only  one  observed 
by  us  on  the  Peninsula.  On  May  28  a  number  were  seen  in  a  strip  of 
woods  along  the  lake  shore  near  the  "  Head,"  where  they  were  appar- 
ently settled  for  the  season.  In  1892  Mr.  Bacon  noted  two  specimens 
on  May  i. 


580  Annals  of  the  Carneoie  Musei^m. 

187.  Vireo  solitaiius.     Blue-headed  Vikeo. 

A  transient  visitant,  not  common.  In  1900  it  was  detected  only 
in  the  fall  migration.  One  was  taken  in  shrubbery  along  the  board- 
walk September  27,  and  another  was  seen  in  a  similar  situation 
October  i.  Mr.  Simpson  reports  having  met  with  it  on  April  36, 
190a. 

[Viria  nmiiiaratiHsii.      Wkite-EVBD  VlRE.p. 

This  vireo  il  elceedingly  rare  ihroughoui  wesicni  Pentisylvania.  The  writer  has 
□erer  met  with  il  anjviiere  in  tbis  section,  bat  it  is  as  apt  to  occur  al  Erie  lu  else- 
where in  the  region,  li  is  snid  to  be  iairly  tonunon  bI  JelTenon,  Asbttibala  County, 
Ohio  (Jones,  Birdi  0/ Oliu>.  1903,  171).] 

188.  Mniotilta  varia.     Black  and  White  Warbler. 

Although  not  actually  observed  during  the  breeding  season  proper, 
there  can  be  no  doubt  that  this  species  is  3  summer  resident,  not, 
however,  very  common.  In  1900  it  was  noted  first  on  April  18,  and 
Ihc  last  was  recorded  September  ai.  Mr.  Bacon  has  taken  specimens 
on  May  i,  1S92  and  1S94,  and  Mr.  Simpson  shot  one  April  16,  1902. 
\JMmiHlhttphila  I'iivs.     KU'B-wiNOEn  ■^'ei.ujw  Warbler, 

Dr,  WuTCit  speaks  of  having  met  with  thii  warbler  in  summer  in  Erie  County 
(Birji.  of  PniHiy/vaoi'ii,  1S90,  376),  but  ibe  exact  locality  is  not  slated,  and  ihe 
netted  cannot  therefore  be  u»ed.  Moreover,  in  the  absence  of  spedmeiis  il  wonld 
iecTa  as  If  ihe  record  were  open  10  doubt.  This  is  one  of  the  >eiy  raresi  warhlers  in 
wcslmi  PrnnBylvania,  nnd  thai  it  sliould  breed  so  for  north  as  Erie  County  «eeiQS 
highly  Impreibabk. 

J[/lmiiithophila  chrysophra.      BLUE  GOLDEN-WINGED  WARBLER. 

It  was  surprising  npl  to  meet  wilh  this  waibler  at  Erie,  in  view  of  its  comparative 
abundance  in  the  western  part  of  the  State  in  general.  Doubtless  future  observations 
will  discover  its  presence.] 

189.  Helmintbophila  rubricapilla.     Nashville  Warbler. 

A  transient  visitant,  possibly  not  uncommon,  although  it  has  been 
definitely  recorded  but  twice.  Mr.  Bacon  secured  two  specimens 
May  g,  1897,  and  Mr.  Simpson  shot  one  along  the  board-walk  Sep- 
tember 27,  1902. 

190.  Helminthophila  celata.     Orange-crowned   Warbler. 

One  of  the  surprises  connected  with  ihe  work  in  this  locality  during 
1900  was  the  discovery  of  this  s]>ecies-— not  an  isolated  record,  as  is 
usually  the  case  in  the  Eastern  United  States,  but  several  occurrences, 
seeming  to  indicate  that  it  is  a  regular  although  uncommon  fall  migrant. 
It  was  first  brought  to  light  by  Mr.  Simpson,  who  secured  a  specimen 
near  Rig  Fond  on  September  15.      On  October  6  one  was  observed 


Todd  :    Birds  of  Erie  and  Presque  Isle.  581 

just  east  of  Niagara  Pond,  which  eluded  capture,  but  later  in  the  day 
a  fine  adult  was  seen  and  shot  along  the  board-walk.  It  was  skipping 
about  in  the  tops  of  the  bushes,  very  active  in  its  movements,  and 
easily  distinguishable  from  the  hordes  of  Yellow-rumped  Warblers 
that  were  migrating  at  the  same  time.  Another  was  observed  Octo- 
ber 8,  and  two  more,  one  of  which  was  taken,  on  October  lo.  If  it 
be  permissible  to  draw  a  conclusion  from  such  meagre  data,  it  would 
seem  that  the  present  species  is  one  of  the  later  migrants  among  the 
warblers. 

199.    Helminthophila  peregrina.     Tennessee  Warbler. 

Recorded  as  a  rather  uncommon  migrant  in  the  spring  of  1900, 
when  it  was  observed  on  May  21,  22,  and  23,  one  or  two  individuals 
on  each  day.  It  kept  high  up  in  the  terminal  foliage  of  the  trees  in 
woodland,  where,  being  so  deliberate  in  its  movements,  it  was  difficult 
to  discern,  although  its  song,  so  penetrating  and  distinctive,  was  invaria- 
bly a  sure  clue  to  its  presence. 

192.  Compsothlypis  americana.     Parula  Warbler. 

Probably  a  summer  .resident  species.  In  1900  it  was  first  observed 
at  the  surprisingly  early  date  of  April  19,  when  a  single  bird  was 
taken  on  the  wooded  ridge  southeast  of  the  city,  accompanied  by 
chickadees,  nuthatches,  kinglets,  and  the  like.  No  others  were 
seen  until  April  30,  while  by  May  4  it  was  recorded  as  rather  com- 
mon on  the  Peninsula.  May  28  it  was  found  in  a  tract  of  hemlocks 
along  the  lake  front  a  few  miles  west  of  the  city,  seemingly  settled  for 
the  season,  and,  indeed,  there  is  no  reason  why  it  should  not  be  a 
regular  summer  resident  in  such  places,  here  as  farther  south.  The 
time  of  its  departure  is  indicated  by  a  specimen  in  Mr.  Sennett's  col- 
lection bearing  date  of  October  3,  1875.  Mr.  Ikcon  notes  two  speci- 
mens taken  May  2,  1891.  The  two  examples  secured  by  us  (April 
19  and  30),  although  doubtless  transient  individuals,  are  considered 
by  Mr.  Harry  C.  Oberholser  to  be  indistinguishable  from  the  true 
Compsothlypis  aNiericana . 

193.  Dendroica  tigrina.     Cape  May  Warbler. 

Occurs  as  a  rare  spring  and  fall  transient  visitant.  Two  specimens 
were  secured,  both  in  shrubbery  north  of  Misery  Bay,  a  female  May 
16,  and  a  male  September  12.  Mr.  Simpson  took  a  female  along  the 
board-walk  September  27,  1902.  There  are  also  two  specimens  in 
Mr.  Sennett's  collection,  a  male  labeled  May  13,  1890,  and  an  im- 
mature male  September  22,  1888. 


582  Annals  of  the  Carnegie  Museum. 

194.  Dendroica  aestiva.     Yellow  Warbler. 

Abundant  as  a  summer  resident,  especially  on  the  Peninsula,  find- 
ing congenial  haunts  in  the  many  tracts  of  bushes  and  low  shrubbery. 
Mr.  Simpson  noted  it  in  1902  on  April  26,  but  in  1900  the  first  was 
observed  April  30,  and  the  next  day  it  was  common  and  musical. 
Several  nests  were  found  the  latter  part  of  May,  some  containing  eggs. 
It  was  last  seen  August  31,  being  thus  among  the  earliest  species  to 
leave  for  the  south. 

195.  Dendroica  caerulescens.     Black-throated  Blue  Warbler. 

A  spring  and  fall  migrant,  not  very  common,  frequenting  the 
shrubby  and  wooded  growths  on  the  Peninsula,  doubtless  on  the  main- 
land also.  The  first  came  May  7  in  1900,  and  it  was  seen  at  inter- 
vals up  to  May  18.  In  the  fall  its  migration  was  not  so  hurried,  as  it 
extended  from  September  6  up  to  as  late  as  October  2.  It  was  if  any- 
thing more  numerous  at  the  latter  season.  Mr.  Bacon's  earliest  spring 
note  is  May  7  (1893)  —  the  same  as  our  own  —  while  Mr.  Sennett's 
collection  contains  specimens  taken  as  late  in  the  month  as  May  18 
(1889)  and  20  (1875).  The  second  and  third  week  in  May  include 
practically  all  the  available  spring  records. 

196.  Dendroica  coronata.     Yellow-rumped  Warbler. 

A  common  winter  resident  and  abundant  transient.  We  were  some- 
what surprised  to  meet  with  this  warbler  in  considerable  numbers  at 
the  commencement  of  our  work  (March  21),  associated  with  Black- 
capped  Chickadees  and  (Golden-crowned  Kinglets,  haunting  the 
growth  of  |)ines  and  shrubbery  near  the  north  lighthouse,  where  there 
was  shelter  from  the  wind.  They  proved  unusually  shy  and  difficult 
to  obtain,  but  such  specimens  as  were  secured  were  just  entering  upon 
the  prenuptial  moult,  and  their  fat  was  of  a  i)cculiar  consistence,  evi- 
dently derived  from  the  wax  of  the  bayherry  (Afyrica  CaroUnensis^, 
whi<:h  abounded  in  the  locality,  and  upon  which  the  birds  were  doubt- 
less subsisting.  There  can  be  no  reasonable  doubt  that  they  pass  the 
entire  winter  here,  where  there  is  such  j^rotection  from  the  weather 
and  such  a  plentiful  supply  of  food.  The  influx  of  transient  individ- 
uals from  the  south  did  not  l)cgin  until  about  April  28,  and  the  bulk 
passed  through  the  first  week  in  May,  when  they  were  the  most 
numerous  of  the  non-breeding  warl.)lcrs.  None  were  seen  after  May 
15.  In  the  fall  they  rca])pcared  September  iS,  becoming  common  in 
about  a  week,  thronging  the  shrubbery  and  l)ushes,  and  outnumbering 


Todd  :    Birds  of  Erie  and  Presque  Isle.  583 

every  other  warbler,  even  the  Black-poll.  This  migration  came  to 
an  end  in  October,  when  the  species  was  left  in  its  normal  numbers 
for  the  winter,  being  recorded  up  to  November  17.  Additional 
migration  dates  culled  from  specimens  in  Mr.  Sennett's  collection  are 
May  14,  1875,  and  September  20,  1888. 

197.  Dendroica  maculosa.     Black  and  Yellow  Warbler. 
Presumably  a  summer  resident,  if  not  on  the  Peninsula,  then  in  the 

hemlock  woods  of  the  lake  shore  bluff,  where  the  conditions  are  seem- 
ingly favorable.  However,  it  has  been  detected  only  during  the 
migrations,  spring  and  fall,  having  been  rather  more  numerous  at  the 
latter  season  in  1900.  May  15  was  the  apparent  date  of  its  vernal 
arrival,  and  none  were  seen  later  than  May  25.  May  8,  1875,  ^^  the 
date  of  an  example  in  Mr.  Sennett's  collection.  In  the  fall  it  was 
observed  as  early  as  August  30,  soon  reaching  the  height  of  its  abund- 
ance, and  lingering  until  October  i.  It  is  an  inhabitant  of  the  wood- 
land and  shrubbery  during  its  stay. 

\^Dendroic(i  ccniha.     CERULEAN  Waruler. 

This  species  may  occur  at  Erie,  as  it  has  been  found  l)oth  to  the  west  and  east,  in 
Ohio  and  New  York  (compare  Jones,  Birds  of  Ohio^  1903,  180-181,  and  Davison, 
Auk,  V,  1888,  430).  Farther  south  in  Pennsylvania  it  is  a  common  summer  resi- 
dent (Todd,  Auk,  VIII,  1891,  238).] 

198.  Dendroica  pensylvanica.     Chestnut-sided  Warbler. 

A  summer  resident  species,  moderately  common  on  the  Peninsula 
in  the  scrub  growth  to  which  it  is  so  partial  in  the  breeding  season. 
It  was  first  observed  in  1900  on  May  12,  and  noted  at  frequent  inter- 
vals during  the  remainder  of  the  month.  In  the  fall,  however,  it  was 
recorded  but  once,  an  immature  example  having  been  taken  on  Sep- 
tember 14.  It  was  observed  also  in  June,  1897.  Following  are  some 
of  Mr.  Bacon's  dates  for  the  migration  of  this  species:  May  12,  1891, 
May  14,  1892,  May  13,  1893.  Mr.  Simpson  saw  one  as  early,  how- 
ever, as  April  26,  1902. 

199.  Dendroica  castanea.     Bay-breasted  Warbler. 

One  of  the  rarer  migrants,  detected  in  1900  in  the  spring  only, 
single  specimens  having  been  taken  on  May  14,  18,  and  21,  all  in  the 
wooded  growth  north  of  Misery  Bay. 

200.  Dendroica  striata.     Black-poll  Warbler. 

Occurs  as  a  transient  visitant,  common  in  the  spring,  more  abundant 
in  the  fall.  At  the  former  season  it  is  among  the  last  of  the  warblers 
to  migrate,  not  appearing  (in  1900)  until  May  14,  while  it  was  still 


AinfALS 

present  on  May  31,  when  our  spring  observations  were  concluded.  It 
reappeared  August  30,  and  doubtless  remained  well  through  October, 
although  on  ihw  point  data  are  unfortunately  lacking.  For  a  t 
this  season  it  waa  the  most  numerous  o(  the  warblers,  but  later  was 
perhaps  exceeded  in  number  by  the  ^'ellow-rumped  Warbler.  Mr. 
Sennelt's  collection  contains  one  specimen  taken  October  11,  1878; 
doubtless,  hotrever,  the  ipecies  often  remains  somewhat  later  in  the 

sol.  Deadroicft  tdacklmmis.     Blackburkian  Warbler. 

Thb  dainty  warbler  occurs  in  moderate  numbers  during  the  migra- 
tions in  spring  and  &11,  being  perhaps  most  numerous  at  the  former 
season  in  1900*  when  it  arrived  May  7,  and  was  seen  at  intervals  up 
to  May  21.  In  the  autmnnal  movement  it  was  the  earliest  warbler 
to  appear,  coming  August  it,  and  being  noted  several  times  thereafter 
until  the  end  of  that  month,  while  ihe  last  was  observed  as  late  as  Oc- 
tober 3.  It  is  more  partial  to  high  woods  than  some  of  the  other 
warblen,  rarely  descending  close  to  the  ground.  May  10,  1875,  is 
the  date  of  a  ipecimen  in  Mr.  Sennett's  collection. 
103.  Dendroica  Tlniu.     Bu^ck-tkroated  Gm[:f.^i  Warhle-.r. 

Probably  breeds  in  the  coniferous  woods  of  bolh  the  Peninsula  and 
the  mainliind,  as  is  the  case  farther  south,  but  all  our  notes  seem  to 
refer  lo  transient  individuals.  It  was  recorded  at  the  remarkably  early 
date  of  April  19,  when  a  single  one  was  seen  and  secured  on  the 
wooded  ridge  southeast  of  the  city,  in  3  flight  of  Black-capped  Chicka- 
dees, Golden- crowned  Kinglets,  Snowbirds,  and  the  like.  It  was  not 
again  observed  until  April  30,  but  was  seen  subsequently  at  intervals, 
the  last  on  May  21.  In  the  autumnal  migration  the  first  record  re- 
ferred to  a  bird  picked  up  August  24  on  the  outside  beach,  perhaps 
exhausted  and  drowned  in  attempting  to  cross  the  lake.  September 
14  the  next  was  seen,  and  the  last  not  until  October  8.  Mr.  Simpson 
notes  that  a  few  came  in  on  April  a6,  1902,  with  the  big  storm. 
Other  dates  are  May  21,  1894  (Bacon) ;  May  9,  20,  and  September 
16,  187s  (Sennett). 


I 


[Dcii.frok^  kiiU.iiiMi. 
One  of  the  ven'  rar 
a,.ywl.ere  in  Pei.usylva 
croiis  Ohio  nnd  Michlgi 
ill  iiortlit^m   Michigan. 


Kir- 


s  W.M 


I  of  the  warblers,  which  should,  boin 
a.    Cleveland,  Ohio,  is  ihe  type  localil; 


<ti,  occur  al  Eric,  if 
,  nnd  there  are  num- 
aeeii  found  breeding 
ilhological  Club,    V, 


Todd  :    Birds  of  Erie  and  Presque  Isle.  585 

203.  Dendroica  vigorsii.     Pine  Warbler. 

*'Mr.  Sennett  has  observed  this  bird  in  the  Crawford-Erie  district 
only  as  a  spring  and  fall  migrant."  (Warren,  Birds  of  Pennsylvania, 
1890,  291.)  This  statement  is  borne  out  by  two  specific  records. 
Mr.  Bacon  shot  one  specimen  April  28,  1892,  and  on  April  24,  1900, 
we  secured  a  single  bird  in  the  high  woods  north  of  Long  Pond.  It 
seems  to  be  rare  everywhere  in  western  Pennsylvania  where  there  are 
no  tracts  of  its  favorite  red  or  yellow  pines. 

204.  Dendroica  palmarum.     Palm  Warbler. 

Rather  common  on  the  Peninsula  in  1900  as  a  spring  and  fall  tran- 
sient, frequenting  the  shrubbery,  low  bushes  in  open  places,  and  even 
the  margins  of  the  ponds,  strikingly  resembling  certain  species  of 
sparrows  in  its  habits.  It  came  on  April  30,  was  common  for  a  few 
days  only,  and  disappeared  May  7.  In  the  fall  migration  it  was 
present  for  a  much  longer  period  —  September  4  to  October  4,  and 
possibly  still  later.  Mr.  Bacon  observed  it  in  1891  from  May  i  to 
12,  and  two  specimens  dated  September  30,  1888,  are  in  Mr.  Sen- 
nett's  series. 

{^Dendroica  discolor.     Prairie  Warhler. 

**  In  Erie  and  Crawford  Counties  Mr.  Sennett  has  found  the  Prairie  Warbler  as  a 
rare  spring  and  autumnal  visitor."  (Warren,  Birds  of  Pennsylvania^  1890,  293). 
This  statement,  although  in  all  probability  true,  is  too  indeterminate  as  to  the  exact 
locality  to  be  admitted  here,  especially  as  it  is  unsupported  by  specimens.  Dr.  Kirt- 
land  states  that  this  species  breeds  regularly  in  the  vicinity  of  Cleveland  (^American 
fournal  Science  and  Arts ^  Second  Series,  XIII,  1852,  218),  and  Audubon  gives  Lake 
Erie  as  its  northern  limit  in  the  interior  {^Ornithological  Biography^  II,  1834,  68). 
It  is  a  rare  species  in  western  Pennsylvania.] 

205.  Seiurus  aurocapillus.     Golden-crowned  Thrush. 

A  summer  resident  in  this  general  region,  but  strangely  enough  not 
recorded  as  such  on  the  Peninsula,  where  it  was  met  with  on  but  two 
occasions  in  1900,  May  14  and  October  4,  a  single  bird  in  each  case. 
Mr.  Simpson  saw  two  individuals  here  on  April  26,  1902.  Mr.  Bacon 
gives  it  as  taken  on  May  i,  1894,  May  4,  1892,  and  September  15, 
1891. 

206.  Seiurus  noveboracensis.     Water-thrush. 

The  arrival  of  this  species  was  noted  in  1900  on  May  8,  one  being 
seen  at  the  mouth  of  Mill  Creek.  A  few  days  later  it  was  observed  on 
the  Peninsula,  in  the  dense  growth  of  bushes  at  the  lower  end  of  Ridge 
Pond,  where  a  specimen  was  taken  May  17.     Although  at  least  one 


689  Annals  of  the  Carn'e^ie  &fu.')Euu. 

pair  «ecined  to  be  settled  here  for  the  acuon,  Ihc  spccie!>  is  known  to 
migrate  to  late  thai  rurther  dala  are  requisite  to  decide  its  exact  M 
woal  status.     In  the  fall  it  was  observed  by  us  on  August  ii  and  15, 
and  Mr.  Simpson  reported  it  in  September,  as  well  as  in  SeptemlicT 
of  190:.     Mr.  Bacon's  only  specimeu  was  takeit  May  11,  1894. 
ao;.   Geothlypis  agilis.    CoNXEcnan  Warbler. 

One  of  ihc  r.irc  tmnsicnt  visitants,  bringing  up  the  rear  of  the 
warbler  migration  in  the  spring.  A  bird  believed  10  have  been  of  I 
this  s])ccics  was  heard  Hnging  tn  thick  undergrowth  May  ti,  t^oo, 
but  eluded  capture.  .\  specimen  wa*  taken  in  some  low  bru^  along 
the  marsh  near  (he  western  end  of  the  bay  on  May  35,  its  song  having 
&Kt  aitracied  attention.  May  19  a  third  individual  was  met  with  ioa 
dense  growth  of  bushes  along  the  l)oard-w-alk,  but  successfully  evaded 
an  attempt  at  capture  which  lasted  almost  two  hours,  keeping  so  well  ' 
concealed  that  we  got  but  one  or  two  glimpses  of  it,  although  within 
only  a  few  feet,  as  evidenced  by  iu  sin^sing.  Tlw  soim  of  lhi»  warbler 
i<i  ']uite  loud  and  clear,  and  bears  a  striking  resemblance  to  those  of 
the  Mourninti  and  Kentucky  XV'arblets,  but  has  a  peculiar  explosive 
quality  heard  to  some  extent  in  the  notes  of  the  Canadian  Warbler  and 
Water-thrush.  It  la  susceptible  of  three  or  four  %-arialioDs,  but  per* 
fectly  distinctive-  There  are  two  fall  records :  a  specimen  taken  at 
the  head  of  Niagara  Pond  Scptciat>eT3i,  and  a»iii||[le  bird  noted  in  the 
bofbeo  along  Ridge  Pond  September  14.  Dr.  Warren  si>eaks  of 
having  taken  the  s|>ecies  here  in  Septeml>er,  and  that  Mr.  Sennett 
COtlsidrTs  it  an  uncommon  mtj;rant  iBirJi  •>/  Ptitnsyfraiua,  1690, 
«97)-  , 
aoi.  Geotblfpis  pblUd«lphU.     Mourmn^.  Warw.£r. 

Occur*  as  a  rarr  migrant,  delected  in  the  i4>ring  only.     One  was 
noted  in  the  thick  woods  west  of  Graveyard  Pond  on  May  it,  1900, 
but  eluded  capture.     Mr.  Senneit's  collection  contain*  one  female, 
shot  on  the  IVninsuU  lune  4.  1875 — a  late  spring  record. 
109.  Geothlypis  trlchas  brachldactyla.   N'i>KTii):itx  YKLLrrw-THROAT. 

\n  abundant  summer  resident  on  the  Peninsula,  where  it  is  a  char- 
acteristic inhabitant  of  ilie  bushes  ami  shnil'lK-TV  >iirroiin(lin);  the 
ponds,  and  ii  is  tioteil  also  on  tin.-  niiinil.iinl.      M.iy  4  «as  the  d.He  of 


Todd  :    Birds  of  Erie  and  Presque  Isle.  587 

specimen  was  taken  as  late  as  October  13.  Other  late  fall  records  are 
October  i,  1875  (Sennett),  and  September  27,  1902  (Simpson). 
In  1893  Mr.  Bacon  saw  it  first  on  May  6,  and  on  June  8,  1892,  he 
found  a  nest  with  four  eggs. 

210.  Icteria  virens.     Yellow-breasted  Chat. 

Audubon,  who  landed  at  Presque  Isle  late  in  August,  1824,  (^Orni- 
thological Biography^  I,  1831,  182-185),  is  responsible  for  the  first 
record  of  the  Yellow -breasted  Chat  at  this  locality,  as  he  says  that  it 
extends  "as  far  as  the  borders  of  Lake  Erie  in  Pennsylvania"  (/7^/V/., 
II,  1834,  223).  Although  not  a  few  of  Audubon's  statements  have 
never  been  confirmed,  and  some  of  them  are  certainly  errors,  in  the 
present  case  the  correctness  of  his  observations  has  been  demonstrated 
after  a  lapse  of  seventy-five  years.  The  writer  found  this  species  June 
27,  1899,  in  a  tract  of  shrubbery  at  the  foot  of  Yellow  Bass  Pond, 
and  one  was  noted  near  Misery  Bay  on  May  14  in  1900.  It  is  evi- 
dently a  rare  summer  resident  so  far  north. 

211.  Wilsonia  mitrata.     Hooded  Warf.lfr. 

The  Hooded  Warbler  was  met  with  May  28  in  considerable  numbers 
and  to  all  appearances  settled  for  the  season  in  a  tract  of  rich  wood- 
land along  the  lake  front  a  few  miles  west  of  Erie,  and  a  male  was 
secured.  This  would  indicate  that  it  is  a  not  uncommon  summer 
resident  in  suitable  situations  on  the  mainland,  although  not  noted  at 
all  on  the  Peninsula.  Mr.  Bennett  gives  it  as  breeding  in  Erie  County 
(Warren,  Jh'n/s  0/  Pennsylvania ^  1890,  300),  and  Mr.  Bacon  had  a 
specimen  brought  him  May  9,  1901,  which  date  probably  indicates  the 
time  of  its  vernal  arrival. 

212.  Wilsonia  pusilla.     Black-capped  Warrler. 

A  transient  visitant,  aj)parently  not  common,  at  least  in  the  spring 
of  1900,  at  which  season  it  was  detected  on  but  two  occasions,  May 
19  and  24.  Upon  its  return  in  the  fall  it  was  first  noted  August  30, 
and  occasionally  thereafter  until  Sej^tember  21.  It  was  always  met 
with  low  down,  in  bushes  or  thick  shruberry.  May  25,  1889,  is  the 
date  of  the  only  sj)ecimen  of  this  species  in  Mr.  Sennett's  collection. 

213.  Wilsonia  canadensis.     Canadlan  Warbler. 

Another  transient  species,  not  very  common,  having  been  found 
from  May  17  to  24,  1900,  frequenting  shrubbery.  Mr.  Bacon  records 
one  specimen  taken  May  18,  1893,  and  Mr.  Simpson  mentions  having 
met  with  it  in  September,  1900,  although  it  was  not  observed  by  us 
at  that  season. 


588  Annals  of  the  Carnegie  Museum. 

214.  Setopliaga  niticilla.    American  Redstart. 

Common  as  a  summer  resident  in  the  wooded  portions  of  both  tiie 
mainland  and  Peninsula.  *'  In  1892  its  arrival  was  notri  Ma]r  4, 
and  on  June  6  of  the  same  year  several  nests  containing  eggs  w^rt 
found.*'  (Bacon.)  In  1900  the  fii^t  birds  were  observed  on  May 
12,  and  on  May  19  a  large  flight  was  encountered  in  the  high  woods 
north  of  Long  Pond.  May  28  it  was  found  to  be  very  numerous  in 
the  woodland  along  the  lake  bluff,  a  few  miles  west  of  the  city. 
September  26  was  the  last  date  upon  which  it  was  recorded  in  the  &U. 

215.  Anthtts  pensilyanicos.    American  Titlark. 

Fairly  common  as  a  transient  visitant,  especially  in  the  &1L  It 
frequents  the  muddy  flats  at  the  mouth  of  Mill  Creek,  the  outside 
beach,  or  occasionally  the  shores  of  the  bay.  Mr.  Bacon  has  met 
with  it  also  in  certain  barren  fluids  at  the  western  end  of  Erie  County. 
In  the  season  of  1900  May  9  was  the  date  of  its  observed  arrival^ 
May  10  two  were  seen  and  secured,  and  May  12  a  small  flock  was 
observed  passing  northward,  these  notes  comprising  the  foil  q>riiig 
record.  The  fall  notes  were  as  follows :  flrst,  September  8  ;  common 
September  13 ;  and  last,  November  15,  with  numerous  intermediate 
records.  According  to  Mr.  Bacon  flocks  of  at  least  fifty  birds  are 
quite  frequently  seen,  but  we  did  not  meet  with  any  so  large  as  this 
during  our  stay. 

216.  Galeoscoptes  carolinensis.     Catbird. 

Very  common  as  a  summer  resident,  especially  on  the  Peninsula, 
finding  congenial  haunts  in  the  tracts  of  bushes  and  shrubbery  which 
abound.  Mr.  Bacon  notes  its  arrival  about  April  30  (1893)  or  May 
I  (1892).  In  1900  the  first  was  seen  May  2,  and  the  last  one  in  the 
fall  on  October  8. 

217.  Toxostoma  rufum.     Brown  Thrasher. 

Also  a  summer  resident,  but  not  so  common  as  the  Catbird,  although 
frequenting  the  same  situations.  It  makes  its  appearance  the  latter 
part  of  April  (April  28,  1892  ;  April  26,  1893,  Bacon),  and  in  the 
fall  of  1900  it  was  last  seen  October  6. 

218.  Thryothorus  ludovicianus.     Carolina  Wren. 

''In  1898,  on  April  18,  19,  and  23,  I  heard  the  loud  notes  of  a 
wren  that  was  new  to  me,  and  on  the  first  occasion  caught  sight  of  the 
bird  itself.  Although  I  was  unable  to  secure  it,  there  is  no  doubt  that 
it  belonged  to  this  species."     The  above  note,  contributed  by  Mr. 


Todd  :    Birds  of  Erie  and  Presque  Isle.  589 

Bacon,  is  the  only  record  for  this  relatively  southern  species  so  far 
north  in  Pennsylvania,  and  its  seasonable  status  is  quite  uncertain. 
Farther  east  along  the  lake  shore  it  has  been  recorded  but  once,  from 
near  Buffalo,  N.  Y.  (Savage,  Auk^  XII,  1895,  314). 

219.  Troglodytes  aedon.     House  Wren. 

Rather  common  as  a  summer  resident,  not  only  on  the  Peninsula, 
but  even  in  the  city  itself,  where  it  often  nests,  while  nearly  every 
farmhouse  has  a  pair  breeding  in  its  immediate  vicinity.  On  May  30, 
1900,  a  nest  with  six  fresh  eggs  was  found,  built  in  the  deserted  hole 
of  a  woodpecker  in  a  stub  close  to  the  board-walk,  the  shrubbery  along 
which  was  a  favorite  haunt  of  the  species  at  all  times  during  its  stay. 
Its  arrival  has  been  observed  by  Mr.  Bacon  about  the  first  of  May 
(April  30,  1893;  May  3,  1892),  and  in  1900  October  3  was  the 
latest  fall  date.  Mr.  Sennett  writes  entertainingly  {Auky  VI,  1889, 
76)  of  a  nest  found  by  himself  and  Dr.  B.  H.  Warren  on  August  i, 
1888,  which  was  built  in  a  kingfisher's  hole  in  a  sand-bank,  and  con- 
tained young  birds. 

220.  Olbiorchilus  hiemalis.     Winter  Wren. 

Of  moderately  common  occurrence  during  the  spring  and  fall  migra- 
tions, and  occasionally  in  winter  also.  Mr.  Bacon  has  seen  it  on  Janu- 
ary I,  February  2  and  February  22,  1892.  Its  first  and  last  recorded 
occurrences  in  the  spring  of  1900  were  respectively  April  9  and  May 
10.  In  the  fall  it  was  noted  only  on  October  10  and  11.  Mr.  Ben- 
nett's collection  contained  examples  taken  October  27  and  29,  1888. 

221.  Cistothonis  stellaris.     Short-billed  Marsh  Wren. 

This  comparatively  little  known  species  was  noted  on  but  one  occa- 
sion. May  17,  1900,  when  a  single  female  was  shot  by  Mr.  Worthing- 
ton  at  the  head  of  Yellow  Bass  Pond,  having  been  flushed  from  a  growth 
of  low  weeds  and  bushes  near  the  water's  edge.  It  is  probably  to  be 
set  down  as  a  rare  summer  resident. 

222.  Telmatodytes  palustris.     Long-billed  Marsh  Wren. 

In  the  marshes  of  the  Peninsula  this  interesting  species  is  an  abun- 
dant summer  resident.  By  the  writer  it  was  first  met  with  in  June, 
1899,  about  Yellow  Bass  and  Niagara  Ponds,  when  a  number  of  speci- 
mens were  collected  and  several  new  (but  empty)  nests  discovered. 
In  1900  it  was  first  observed  April  30,  becoming  common  May  9. 
May  23  several  unfinished  nests  were  found,  and  on  May  31  a  set  of 
six  eggs  was  collected  from  a  nest  in  Niagara  Pond,  a  favorite  haunt 


690 


Annals  of  the  Carnegie  Museum. 


of  the  species,  from  the  extensive  tracts  of  rushes  and  marsh  grasses  in 
which  it  delights.  It  was  also  encountered  in  the  marshes  along  the 
bay  shore  at  the  western  part  of  the  Peninsula,  and  at  the  mouth  of 
Mill  Creek,  but  was  not  found  about  Long  or  Cranberry  Ponds,  the 
conditions  there  not  being  favorable.  During  the  migrations  it  is  said 
to  occur  occasionally  on  the  mainland.  October  6  was  the  latest  fall 
date  on  record,  although  it  may  possibly  have  stayed  somewhat  longer. 
In  1893  it  was  first  seen  on  May  3  (Bacon). 

223.  Certhia  familiaris  americana.     Brown  Creeper. 

A  fairly  common  migrant  in  spring  and  fall,  and  in  all  probability 
a  winter  resident  in  small  numbera.  Mr.  Sennett  is  quoted  as  saying 
<hat  It  is  sometimes  seen  during  mild  winters  (Warren,  Birds  of  Ptnn- 
sylvania,  1890,  314).  It  has  been  found  in  migration  in  early  April 
(April  8,  1875,  Sennett;  April  S,  1893,  Bacon),  but  none  were  no- 
ticed in  1900  until  April  18,  while  on  April  74  a  flight  was  encoun- 
tered in  the  high  woods  north  of  Long  Pond.  There  were  dozens  of 
Ihem  in  the  trees,  their  faint  chirps  being  heard  on  every  hand,  and 
some  were  even  singing.  May  7  the  last  was  seen.  In  the  fall  Sep- 
tember 14  was  the  first  date,  and  October  r6  the  last,  although  the 
species  doubtless  remained  later,  as  above  intimated. 
JI4.  Sitta  carolinensis.     White-breasted  Nuthatch. 

A  permanent  resident,  well   represented  at  all  seasons  of  the  year, 
frequenting  the  wooded  portions  of  the  mainland  and  Peninsula,  often 
in  comjiany  with  other  species  of  like  haunts  and  habits. 
215.  Sitta  canadensis.     Ked-breasteu  Nuihatch. 

Fairly  common,  according  to  our  observations,  during  the  spring 
migration,  less  numerous  in  the  fall.  April  19,  1900,  one  was  shot 
on  the  wooded  ridge  southeast  of  the  city,  but  none  were  noted  on 
the  Peninsula  until  May  2.  It  was  observed  as  late  as  May  19,  almost 
justifying  the  suspicion  that  it  breeds.  In  the  fall  it  was  recorded  on 
September  to,  21,  and  26.  It  was  met  with  in  the  woodland,  often 
quite  low  down,  and  usually  accompanied  by  such  birds  as  kinglets, 
chickadees.  Brown  Creepers  and  warblers.  Other  observers  seem  to 
have  found  it  rather  common  in  the  fall.  Thus,  Dr.  Warren  mentions 
having  found  this  species  "quite  plentiful  in  October  and  the  early 
part  of  November  [1S89]  in  Erie  county."  {Birds  of  Pennsylvania, 
1890,  316.)  There  are  sjiecimens  in  Mr.  Sennetl's  collection  taken 
at  intervals  from  September  22  to  October  29,  1888. 


Todd  :   Birds  of  Erie  and  Presque  Isle.  691 

226.  B»olophus  bicolor.     Tufted  Titmouse. 

A  rare  straggler,  wandering  northward  in  the  winter  from  its  usual 
habitat.  There  are  three  specimens  in  Mr.  Bennett's  collection,  twp 
of  which  are  labeled  December  18,  1874,  the  third  December  20, 
1874  —  possibly  an  error  for  the  earlier  date,  since  it  is  stated  that 
this  was  the  only  occasion  upon  which  the  species  had  been  met  with 
here.  These  were  taken,  it  is  said,  from  a  flock  of  a  dozen  or  more, 
on  the  bluff  at  the  head  of  the  bay.  Doubtless  this  occurrence  is  the 
basis  of  the  very  indefinite  statement  of  Dr.  Warren,  **This  species  is 
seldom  seen  in  Erie  county'*  {Birds  of  Pennsylvania,  1890,  318). 

227.  Panis  atricapillus.     Black-capped  Chickadee. 

A  common  resident,  found  in  scattered  companies  except  in  the 
nesting  season,  associated  with  other  species  of  similar  haunts  and 
habits.  It  was  to  be  met  with  at  all  times  in  the  shrubbery  along  the 
board-walk,  where  a  nest  was  discovered  in  a  small  dead  stub,  about 
five  feet  from  the  ground,  from  which  six  incubated  eggs  were  secured 
on  May  19,  1900.  In  the  fall  it  is  conspicuous  in  the  van  of  the 
flights  of  warblers. 

228.  Regulus  satrapa.     Golden-crowned  Kinglet. 

This  species  doubtless  remains  through  the  winter  in  small  numbers, 
as  it  was  found  in  both  March  and  November  in  the  sheltered  wood- 
land of  the  interior  of  the  Peninsula.  During  the  migrations  it  is  very 
numerous,  the  spring  flights  occurring  (in  1900)  from  April  17  to 
30.  In  the  fall  the  first  was  seen  September  25,  and  it  became  com- 
mon in  October,  resuming  its  winter  numbers  the  latter  part  of  that 
month.  September  29,  1888,  is  the  earliest  fall  record  afforded  by 
Mr.  Sennett's  series. 

229.  Regulus  calendula.     Ruby-crowned  Kinglet. 

A  spring  and  fall  transient  visitor,  quite  common,  according  to  our 
experience  in  1900.  It  was  recorded  first  in  the  spring  on  April  21, 
and  was  last  seen  May  12.  In  the  fall  its  migratory  movement  lasted 
a  full  month,  from  September  18  to  October  18.  It  was  very  often 
found  in  company  with  the  Golden-crowned  Kinglet,  and  associated 
with  warblers  of  various  kinds.  It  was  in  full  song  upon  its  arrival 
in  the  spring.  An  additional  fall  record  is  September  22,  1888 
(Sennett). 


699  Annals  of  the  Carnegie  Museum. 

230.  Polioptila  uenilea.     Blue-gray  Gnatcatcher. 

The  status  of  this  species  here  is  uncertain.  The  only  record  is  of 
an  individual  seen  and  secured  on  August  15,  1900.  It  is  not  known 
to  breed  so  far  north  in  Pennsylvania,  and  the  bird  taken  may  have 
been  migrating,  and  strayed  out  of  its  range. 

231.  Hylocichla  mustelina.     Wood  Thrush. 

Common,  according  to  Mr.  Bacon,  as  a  summer  resident,  and  the 
best  known  of  the  small  thrushes.  This  obseri'ation,  however,  must 
refer  to  the  mainland  only,  as  we  did  not  find  the  species  on  the 
Peninsula  at  all,  and  our  only  record  is  of  several  seen  May  a8  in 
woodland  along  the  lake  shore  bluff,  a  few  miles  west  of  the  city  limits. 

232.  Hylocichla  fuscescens.     Wilson's  Thrush. 

Occurs  as  a  moderately  common  summer  resident,  frequenting  the 
woodland  and  shrubbery,  particularly  along  the  board-walk.  Itsarrival 
was  noted  May  10,  1900,  and  on  May  i6  a  nest  with  four  fresh  eggs  was 
discovered,  built  on  the  ground  in  the  woods,  in  an  open  place  among 
the  dry  leaves.  May  11,  1S75,  is  the  date  of  the  only  specimen  in 
Mr.  Sennelt's  collection. 

233.  Bylocichla  aliciae.     Gray-cheeked  Thrush. 

This  species  was  found  to  be  of  common  occurrence  as  a  migrant 
in  the  fall  of  1900,  arriving  September  j8,  and  at  once  becoming 
numerous,  vying  in  abundance  with  the  Olive-backed  Thrush,  with 
which  it  was  closely  associated  during  its  stay.  Although  the  two 
species  are  so  similar  in  coloration,  haunts,  and  habits,  the  Gray- 
cheeked  may  always  be  readily  distinguished  from  the  other  by  its 
call-note,  which  is  more  prolonged,  quite  different  from  the  short, 
low  "chuck  "  of  the  Olive-backed.  In  addition  it  was  often  heard 
to  offer  a  variety  of  other  notes,  perhaps  snatches  from  its  song, 
which  greatly  resembled  those  of  the  Wilson's  Thrush.  By  the  end 
of  September  the  present  species  had  diminished  in  numbers,  and  by 
October  6  the  last  had  gone.  The  only  spring  record  is  afforded  by 
a  specimen  in  Mr.  Sennett's  collection,  taken  May  13,  1875. 
334.  Hylocichla  ustulata  swainsonii.    Olive-backed  Thrush. 

A  transient  visitant,  only  tolerably  common  in  the  spring,  but  much 
more  so  in  the  fall,  according  to  our  experience  in  1900.  May  17 
marked  its  vernal  appearance,  and  May  26  its  departure.  During  this 
interval  it  was  frequently  heard  singing.  In  the  fall  the  earliest  and 
latest  dates  were  respectively  September  18  and  October  3,  thus  coincid- 


Todd  :    Birds  of  Erie  and  Presque  Isle.  593 

ing  closely  with  the  migration  period  of  the  last  species.  It  was 
particularly  numerous  in  the  shrubbery  along  the  board-walk.  Mr. 
Sennett  took  specimens  of  this  thrush  on  May  21,  1875,  and  Septem- 
ber 21,  1889;  Mr.  Bacon  secured  one  September  21,  1901. 

235.  Hylocichla  guttata  pallasii.     Hermit  Thrush. 

The  Hermit  Thrush  occurs  as  a  transient  visitant  only,  apparently 
uncommon  in  the  spring,  but  quite  plentiful  in  the  fall.  It  migrates 
earlier  in  the  spring  and  later  in  the  fall  than  the  other  thrushes. 
April  II,  1875,  the  date  of  a  specimen  in  Mr.  Sennett*s  collection, 
seems  to  be  the  earliest  spring  record  available.  Mr.  Simpson  saw 
several  April  26,  1902.  Mr.  Bacon  has  secured  specimens  April  29, 
1892,  April  30,  1893,  and  May  2,  1891 — the  latest  spring  date.  A 
specimen  taken  April  24,  in  deep  woods  north  of  Long  Pond,  was  the 
only  specimen  noted  in  1900.  In  the  fall  it  arrived  and  was  common 
on  October  3,  when  the  Gray-cheeked  and  Olive-backed  Thrushes 
were  leaving,  and  remained  at  least  until  October  20.  At  this  season 
it  was  found  mostly  in  dense  covert  of  bushes  and  evergreens,  usually 
in  scattering  companies,  silent  save  for  a  low  call-note.  October  7, 
1894  (Bacon),  and  October  26,  1889  (Sennett),  are  additional  fall 
records. 

236.  Merula  migratoria.     Robin. 

This  abundant  and  familiar  bird  is  a  summer  resident  on  both  the 
mainland  and  Peninsula.  Mr.  Bacon  states  that  an  occasional  in- 
dividual remains  through  the  winter,  but  that  it  ordinarily  arrives  the 
second  week  in  March,  sometimes  a  little  later,  March  9,  1892,  being 
the  earliest  record.  Although  it  was  already  present  in  numbers  the 
latter  part  of  March,  1900,  when  our  observations  began,  it  was  observed 
in  flocks,  evidently  migrating,  as  late  as  April  19.  In  the  fall  a  small 
party  was  seen  November  7,  this  being  its  last  recorded  occurrence  of 
the  season,  although  it  has  been  noted  by  Mr.  Bacon  as  late  as  Novem- 
ber 29  (1894).  Such  birds  as  stay  through  the  winter  are  generally 
seen  about  mountain-ash  trees,  the  berries  of  which  furnish  an  unfail- 
ing food  supply  (S.  E.  B[acon],  Oologist^  Albion,  N.  Y.,  V,  1888, 
60). 

237.  Sialia  sialis.     Bluebird. 

**  A  summer  resident,  common,  although  never  so  numerous  as  the 
Robin,  and  never  known  to  stay  through  the  winter.  I  have  noted  it 
as  early  as  February  22   (1888),  but  it  usually  arrives  a  little  later, 


B94  Annals  of  the  Carnegie  Museum. 

about  March  5  or  10.  In  the  spring  of  1895,  however,  which  was 
memorable  for  the  scarcity  of  Bluebirds  throughout  the  coimiry,  the 
first  was  not  noted  until  April  11,  while  up  to  May  15  but  two  pairs 
had  been  observed  in  all.  The  species  has  recovered  its  normal 
abundance  since  then,  however. "  (Bacon.)  In  the  spring  of  1900  it 
was  already  present  March  22,  and  doubtless  arrived  some  time  pre- 
viously. Although  repeatedly  seen  on  the  Peninsula,  it  is  very 
doubtful  if  it  breeds  there,  as  it  was  never  obser\'ed  under  circumstaiices 
that  would  justify  such  a  belief. 

BiBLIOGRAPHV. 

The  following  list  embraces  the  titles  of  only  such  papers  and  pub- 
lications as  contain  information  specifically  stated  to  refer  to  the  avi- 
fauna of  this  particular  locality.  Several  articles  have  been  published 
in  the  last  few  years  which  contain  references  to  specimens  in  Mr. 
Sennett's  collection,  but  unless  it  is  definitely  indicated  that  such 
specimens  came  from  Erie  the  titles  have  been  ruled  out.  Moreover, 
all  papers  have  been  excluded  which  merely  quote  or  refer  to  notes 
originally  published  elsewhere.  Very  possibly  some  notes  of  more  or 
less  value,  published  in  sportsmen's  journals,  etc.,  have  escaped  notice. 

1834.  Auui'H'jN,  JoirtJ  Jamgs,  OrnilioltgUal  Biography,  Volume  11,  Edinburgh, 
1834. 

Rererence  is  made  on  page  223  to  (he  occurrence  of  htrria  vireni  aa  the 
Pcnnsylvanin  shore  of  Ijilte  Erie  (seepage  587). 

1887.  "A.  A.  A."     The  Snow^  Owl   in  Erie  Coanl;,  P«.— /ar«/  and  Stream, 

XXVIII.  Febra«f7  3,  1887,  24, 
188S.  BfACON],  S[AMUELj  E.     [Nolcs  On  the  Robin  and  English  Spurow  m  Erie, 
Pa.J— CWof«/,  Albion,  N.  V.,  V,  1888,  60. 

1888.  Warren,  B.  H.     Riforl  oh  the  Birdi  of  Ptnnsj^nia.     Hanriibuij,  1888, 

pp.  260. 

'ihe  appendix  (pages  229.-Z49)  conUins  a  number  of  tererencei  to  Eric 

County  birds  inserted  on  Ihe  authority  of  Mr.  George  B.  Sennett. 
■888.  Bacon,  Sam[uel]  E.    [Notes  from  Erie,  Pt.-}~03/egijl,  Albion,  N.  V.,  VI, 

1889,  134. 
18S9.  DwiGHT,  Jonathan,  Jr.,  Recording  Secretary,     (^''^'■^■^t  "^  Proceedinga  of 

the]  Linnrean  Society  of  New  Vork. — Aut,  VI,  1889,  196-2C4. 
On  page  19S  four  species  of  birds  are  slated  to  have  been  fuund  at  Erie 

by  Mr.    George    li.   Sennett — Slirna   "  lichrgrava,"    "  Octixorii"    (»lc) 

alpeslris pratiiola,  Lanius  ludevicianu!  (migraiii),  and  "  ^mmiKfraiHjft  " 


Todd:    Birds  of  Erie  and  Presque  Isle  595 

1889.  Sennett,  George  B.     Troglodytes  aedon,  House  Wren,  Breeding  in  a  Sand 

Bank.— /^«^,  VI,  1889,  76.     See  page  589. 

1890.  DwiGHT,  Jonathan,   Jr.     The  Horned  Larks  of  North  America. — AuJk, 

VII,  1890,  138-158. 

Specimens  from  Erie  in  Mr.  Sennett* s  series  are  mentioned  on  pages  142 
and  145. 

1890.  Sennett,  George  B.  The  King  Eider  {Somutgria  spectabilis)  at  Erie, 
Pennsylvania. — Auk,  VII,  1890,  88-89. 

1890.  [Merriam,  C.  Hart,  Secretary]  ?  Seventh  Congress  of  the  American 
Ornithologists*  Union. — Auk,  VII,  1890,  66-71. 

**  He  [Mr.  George  B.  Sennett]  also  called  attention  to  a  peculiar,  dark- 
colored,  and  otherwise  abnormal  specimen  of  the  Carolina  Rail  taken  at  Erie, 
Pennsylvania. "     ( Page  71.) 

1890.  Warren,  B.  H.  Notes  on  Pennsylvania  Birds. — Forest  and  Stream,  XXXIV^, 
February  13,  1890,  64. 

^^  PUctrophenax^'*  nivalis  and  Calcarius  lapponicus  at  Erie,  Pa.,  October 
and  November,  1889. 

1890.  Warren,  B.  H.  Report  on  the  Birds  of  Pennsylvania,  Second  Edition,  Re- 
vised and  Augmented.     Harrisburg,  1 890,  pp.  434. 

Scattered  through  the  pages  of  this  report  are  many  notes  on  Erie  birds 
inserted  on  the  authority  of  Mr.  George  B.  Sennett.  As  Mr.  Sennett' s 
original  manuscripts  were  consumed  with  the  rest  of  Dr.  Warren's  papers  in 
the  Capitol  fire  at  Harrisburg  in  1897,  it  is  impossible  to  verify  the  references, 
some  of  which  are  unsupp>orted  by  specimens  in  Mr.  Sennett* s  collection, 
while  others  are  too  indefinite  as  to  the  exact  locality  meant  to  be  utilized  in 
the  preparation  of  the  present  paper.  However,  as  Mr.  Sennett  was  known 
to  be  a  careful  observer,  there  would  seem  to  be  no  good  reason  for  discredit- 
ing  his  records  published  at  second-hand,  all  other  things  being  equal,  and 
hence  they  have  been  taken  at  their  face  value,  except  as  above  mentioned. 
A  few  species  have  been  included  in  the  present  list  on  the  authority  of  these 
records  alone,  as  specifically  stated  in  every  case. 

1892.  Bacon,  Samuel  E.  Old  Squaw  (Clangula  hiemalis). — Ornithologist  and 
Oblogist,  XVII,  1892,  45.     Quoted  in  full  on  page  524. 

1892.  Chapman,  Frank  M.  A  Preliminary  Study  of  the  Crackles  of  the  Subgenus 
Quiscalus. — Bulletin  American  Museum  of  Natural  History,  IV,  1892, 
1-20. 

Contains  several  references  to  Mr.  Sennett*  s  Erie  specimens  of  Quiscalus 
quiscula  ancus. 

1899.  Rhoads,  Samuel  N.     Notes  on  Some  of  the  Rarer  Birds  of  Western  Pennsyl- 

vania.— Auk,  XVI,  1899,  308-313. 

Two  specimens  of  Ectopistes  migratorius  from  Erie  County  mentioned 
(page  310)  as  having  been  presented  to  the  Carnegie  Museum  by  Mr.  George 
B.  Sennett. 

1900.  Chapman,  Frank  M.     A  Study  of  the  Genus  Stumella. — Bulletin  American 

Museum  of  Natural  History,  XIII,  December  31,  1900,  297-320. 
Three  specimens  of  Sturnella  magna  from  Erie,  Pa.,  listed. 


596  Annai-s  of  the  Carnegie  Museum. 

rgoa.  Oberhouf.r,  Harry  C.     A  Review  of  the  Larks  of  the  genus  Oiocoris, — 
Procfedings  United  Slate!  Notiimal  Musaim,  XXIV,  igoi,  801-S84. 

Specimtiu  of  Oiocoris  alpeitrii  pratieola  from  Erie  (in  Ihc  Bioli^cal  Sur- 
TCf  series,  collected  by  Samuel  EL  Bacon},  are  mentioDed  on  pigeSlS. 


Addenda  and  Corrigenda. 

Since  page-proof  of  the  present  paper  has  reached  the  author  there 
has  been  published  the  "Thirteenth  Supplement  to  the  Anierican 
Ornithologists'  Union  Check -List  of  North  American  Birds"  (^Auk, 
XXI,  1904,  411-424),  wherein  a  number  of  the  nomenclatural 
changes  used  by  the  writer  are  formally  adopted,  rendering  the  cita- 
tion of  references  unnecessary  in  such  cases. 

Attention  is  also  called  to  the  following  corrections  and  additions, 
noted  too  late  for  insertion  in  their  proper  places ; 

Page  494,  ijlh  line  from  the  top,  insert  asterisk  before  Porsana 
Carolina. 

Page  494,  gth  line  from  bottom,  for  Colaptrs  auratus  read  ColapUs 
auratut  luteus. 

Page  501,  under  Stercorarius  parasiticus,  add  :  Mr.  Bacon  has  in- 
formed the  writer  that  on  May  a,  1904,  he  observed  a  bird  which  he 
believed  to  have  been  of  this  species.  "  It  was  a  handsome,  spirited 
bird,  falcon-like  in  its  movements,  and  when  noted  was  pursuing  a 
Common  Tern."  The  occurrence  of  this  species  so  late  in  the  season 
is  indeed  remarkable. 
Carnegie  Museum, 
July  14,  1904. 


598 


ASNALS    ( 


:  Carnegie  Museum. 


^ 


stand  in  the  way  of  what  he  conceived  to  be  his  calling.  From 
the  summer  of  1884  until  the  year  1893  he  was  continuously  in  the 
employment  of  Professor  Marsh.  During  these  years  he  conducted 
explorations  sometimes  alone,  sometimes  accompanied  by  others, 
over  a  wide  area  in  the  Stales  of  Nebraska,  the  Dalcotas,  Montana, 
Utah,  Wyoming,  and  Colorado.  These  expeditions  to  the  western 
conniry,  which  usually  began  early  in  the  spring,  continued  until 
late  in  the  fall,  or  even  into  the  early  winter.  He  also  collected 
in  the  winter  months  and  early  spring  in  Maryland,  and  North 
Carolina.  His  success  as  a  collector  was  phenomenal,  and  the 
scientific  treasures  which  he  unearthed  greatly  enriched  the  col- 
lections of  the  United  States  Geological  Survey  and  of  the  Pea- 
body  Museum  in  New  Haven.  It  was  upon  the  collections  of  ver- 
tebrate fossils  made  by  Mr.  Hatcher  that  Professor  Othniel  C. 
Marsh  based  lo  a  very  large  extent  many  of  his  most  important 
papers,  and  to  Mr,  Hatcher  more  than  to  any  other  man  is  due  the 
discovery  and  collection  of  the  Ceratopsia,  perhaps  the  most  strik- 
ing of  all  the  extinct  reptilia.  Very  little  had  been  known  about 
them,  and  before  Hatcher  succeeded  in  discovering  a  large  number 
of  skulls  and  skeletons  they  were  at  best  represented  by  a  few 
fragments,  the  nature  of  which  was  hardly  understood  even  by  the 
most  advanced  students.  At  the  lime  of  his  lamented  death  Prof, 
Marsh  wa.s  engaged  in  preparing  a  monograph  upon  this  material, 
and  it  fell  to  his  distinguished  student,  who  had  discovered  these 
colos.sa]  creatures,  to  take  up  in  1902  the  work  which  Professor 
Marsh  had  left  unfinished,  and  it  was  to  this  work  that  he  was 
devoting  himself  when  the  hand  of  death  cut  him  off,  as  il  had 
some  years  before  removed  his  revered  and  distinguished  master. 

In  1890  Mr.  Hatcher  was  made  Assistant  to  the  chair  of  Geology 
in  Yale  University.  In  1893  he  was  elected  Curator  of  Vertebrate 
Paleontology  and  Assistant  to  the  chair  of  Geology  in  the  College 
of  New  Jersey  at  Princeton. 

While  at  Princeton  he  coniinued  his  geological  and  paleonto- 
logical  explorations  in  the  Western  States  with  his  usual  enthusiasm 
and  success.  For  many  years  he  Jiad  cherished  the  wish  lo  under- 
take the  exploration  from  a  geological  and  paleonlological  stand- 
point of  Patagonia  and  Terra  del  Fuego.  He  finally  undertook 
the  collection  of  a  futnl  to  enable  him  to  carry  out  his  pur|iose. 


Hoi.ij^No:  John  Bkm.  Hatcher. 


599 


Generous  sulxscriptions  were  made  by  a  niiml)er  of  the  alumni  and 
friends  of  Princeton  University,  and  he  himself  out  of  his  small 
savings  contributed  a  large  |>ortion  of  what  proved  to  l>e  recjuircd 
to  undertake  the  work.  His  plans  were  thoroughly  approved  and 
enthusiastically  siip|)orted  by  Professor  W.  H.  Scott,  the  Professor 
of  (leology  in  Princeton.  Three  ex|>editions  were  made.  The 
first  extendeii  from  .March  the  ist,  1896,  to  July  the  i6th.  1897. 
On  this  e\|>e<lition  Mr.  Hatcher  was  accomfKinied  by  his  brolher- 
in-law,  Mr.  ().  A.  Peterson,  as  an  assistant.  The  second  ex|)edit ion 
extended  from  Noveml)er  the  7th,  1897,  to  Noveml>er  the  9th, 
1898.  On  this  ex|H'dition  Mr.  Hatcher  was  accompanied  by  Mr. 
A.  K.  C'olburn  as  taxidermist.  The  third  ex|)edition  was  carried 
on  from  I>eceml)er  the  9th,  189S.  to  Se[>teml)er  the  ist,  1899,  when 
again  Mr  ( ).  A.  Peterson  accomj>anie<l  Mr.  Hatcher  as  his  assistant. 
The  story  of  these  exj)editions  has  been  published  in  the  first  volume 
of  the  Re|>orts  of  the  Princeton  I'niversity  F'x|>editions  to  Patagonia, 
which  are  l)eing  issued  under  the  editorial  supervision  of  Professor 
William  H.  Scott  upon  the  J.  Pierpont  Morgan  l*ublication  Fund  of 
!*rin»  eton  University,  the  fund  having  Iwen  generously  given  by 
.Mr.  .Morgan  in  order  that  the  scientific  information  secured  by  Mr. 
Hatcher  might  Ik?  made  known  to  the  world.  In  the  conduct  of 
theMT  e\|>editions  Mr.  Hatcher  strikingly  revealed  not  only  his 
great  m  icniific  insight,  but  his  undaunted  courage  an<l  great  tena(  ity 
of  pur|K>s4'.  Twice  he  came  near  losing  his  life,  on(  e  as  the  result 
of  a  singular  ace  ident  which  l)efell  him  while  taking  a  lonely  ride 
at  ross  the  {»am|»as.  on<  c  while  confined  to  his  lent  amidst  the  deep 
snows  of  winter  bv  a  Niolenl  attack  of  mflammalorv  rheumatism, 
durmg  \%hi(h  his  solitary  <  omp.mion  ministered  to  him  as  well  as 
he  (ould.  at  one  lime  ho-irly  e\|>i'riing  that  the  life  of  the  intrepid 
explorer  was  alK>ut  to  end  Fortunately  he  recovered,  but  the 
terrible  sic  kness  through  which  he  had  pavsed  left  its  impress  u|)on 
him  ever  afterwards,  although  he  was  ne\er  willing  to  admit,  even 
when  suffering  intense  |>ain,  that  he  was  other  than  strong  and 
cafable  of  enduring  hardshi(is  as  in  former  days. 

llie  results  of  Mr.  Hatcher's  explorations  in  Patagonia  were  of 
the  most  im)>ortant  character.  The  collections  of  vertebrate  fossils 
made  by  him  and  his  as&isUnts.  and  now  preserved  at  Princeton 
University,  are  enormous  in  extent  and  of  the  very  highest  sc^ientific 


THE  Carnegie  Museum, 

value.  Some  of  these  collections  were  made  by  him  at  great  per- 
sonal risk,  the  strata  in  which  they  were  found  being  only  exposed 
for  a  few  houre  at  low  tide  on  the  tnargin  of  the  ocean.  Working 
rapidly  he  and  his  assistant  look  up  what  they  could,  and  then 
hurried  back  over  the  wide  beach  to  the  cliffs,  to  presently  see  the 
water  from  fifty  to  sixty  feet  deep  rolling  over  the  spot  where  they 
had  been  at  labor.  The  explorers  literally  snatched  their  treasures 
from  the  hungry  jaws  of  the  ocean.  In  the  fields  of  recent  zoology 
and  botany  he  made  extensive  collections.  His  geographical  dis- 
coveries were  of  great  importance.  He  added  immensely  to  our 
knowledge  of  the  interior  of  Patagonia,  traversing  vast  territories 
upon  which  civilized  man  had  never  before  planted  foot.  He  dis- 
covered mountains  and  lakes,  and  traced  the  course  of  rivers  which 
had  never  before  been  mapped.  One  of  the  great  mountain  ranges 
by  the  consent  of  both  the  Argentine  and  Chilean  governments 
bears  his  name.  His  decision  that  the  crest  of  the  Patagonian 
watershed  in  parts  of  its  course  lies  far  east  of  the  crest  of  the 
southern  Andean  ranges,  had  an  important  bearing  upon  the  ques- 
tion of  the  boundary  line  between  the  Argentine  Republic  and 
Chile,  and  in  the  arbitration  of  this  question,  which  has  happily 
been  settled  without  recourse  to  arms,  as  was  at  one  time  threatened, 
the  discoveries  of  the  young  American  explorer  were  brought  into 
prominence  in  diplomatic  circles. 

On  February  the  ist,  1900,  Mr.  Hatcher  accepted  the  position 
of  Curator  of  Paleontology  and  Osteology  in  the  Museum  of  the 
Carnegie  Institute  in  Pittsburgh,  where  his  brother-in-law,  Mr.  O. 
A.  Peterson,  immediately  after  his  return  from  Patagonia,  had  been 
employed  as  an  assistant.  Installed  in  his  new  station,  with  the 
assurance  of  the  unqualified  and  generous  support  of  the  founder  of 
the  Institute  in  all  wise  efforts  to  make  his  work  successful,_he  began 
to  lay  out  in  connection  with  the  Director  of  the  Museum  plans  to 
create  one  of  the  most  important  paleoniological  collections  in 
America.  For  four  summers  in  succession  he  carried  on  explora- 
tions in  the  Western  States.  In  1903  he  was  associated  for  a  por- 
tion of  the  lime  with  Mr.  T.  W.  Stanton  of  the  United  States 
Geological  Survey  in  an  effort  to  ascertain  the  relative  position  and 
geological  age  of  the  Judith  River  beds,  which  had  been  for  some 
time  the  subject  of  earnest  discussion  among  geologists.      His  views 


H«>i.i.ANi»r  John  Bei.i.  Hailhkr. 


601 


in  relation  to  this  subject,  which  had  been  op|>oscd  by  almost  every 
other  geologist  in  America,  were  finally  ascertained  to  \>c  correct, 
and  it  was  a  matter  of  great  |K.»rsonal  gratifuaiion  to  him,  as  the 
writer  of  these  lines  knows,  that  the  accurac  y  of  his  ol)servations 
and  of  his  cone  lusions,  whn  h  had  l)een  rea<  bed  many  years  l)efore, 
had  l>een  verified. 

While  professor  Hat*  her  wrote  very  little  in  relation  to  geology, 
he  nevertheless  was  reganled  as  l)eing  one  of  the  very  ablest  of 
Ameri<  an  geologists,  his  great  ex|)erience  in  the  field  and  his  close 
attention  to  the  siibjci  i  having  given  him  a  |>ra(  tical  knowledge  of 
the  siibjet  t,  such  as  was  jM>ssessed  by  few  of  his  contemporaries. 
One  of  the  leading  geologists  in  America,  in  s{>eaking  of  him  said 
to  the  writer,  ••  I  regard  Profevsor  Matcher  as  one  of  the  l)cst 
informed  geologists  in  the  L'nited  States.  He  is  preeminent  in  this 
field,  though  he  Nets  ( omparaiivelv  small  store  bv  his  attainments." 

The  last  five  years  of  his  life,  during  which  he  was  connected 
with  the  (\irnegie  Institute,  were  not  only  year^  in  which  he  proved 
hiniM'lf  remarkably  su<  cessful  as  a  collector,  but  in  which  he  revealed 
his  ability  as  a  Mieniifi<  author.  A  numl»er  of  important  |>ai>ers 
from  his  pen  have  ap|»i-are<l  in  the  .Annals  and  .Memoirs  of  the  Car- 
negie Mu'-ciim.  The  fir^i  \olume  of  the  Reports  of  the  Princeton 
rni\ersiiN  lA|H*ditions  wa^  v%rillen  by  him  during  this  time.  He 
I  onlr-.bijiol  numerous  brief  arlu  les  to  various  m  ientifu'  journals, 
and  in  1902  un<lert(H)k  for  the  I'niled  Stales  (ieologic  al  Survey  the 
compUium  of  the  Mom>graph  of  the  (  eralopsia  whu  h  had  been  left 
unhnishrd  by  ProU-Nvir  Marsh  at  the  time  of  his  death.  The  writer 
ltelie\fs  ih.il  thiN  grr.it  \%ork  had  l-een  brought  so  far  that  it  will  l)C 
possililr  to  c  omp'.rto  .t  \^ith  <  »>tnparati\ely  small  etTort  on  the  |art 
of  some  one  rr.isun.iMy  t.im:i:ar  with  the  siibjoi  t.  \"arious  other 
important  pa|K*rs  of  a  monographic  character  had  l)ecn  l>egun. 
rnf«»riiinately  thcNC  for  the  im>st  part  are  not  in  such  condition  that 
the\  can  l»e  published.  ^ 

One  of  the  great  undertakings  which  had  occupied  much  of  his 
time  anci  thought  during  the  |»ast  eighteen  months  was  the  reproduc- 
tion of  the  skeleton  of  Dtpiodoius  iamrpi^  a  restoration  of  which 
had  l>een  ordered  by  Mr.  .Andrew  Carnegie  for  the  pur|>osc  of  pre- 
senting the  same  to  the  British  Museum  of  Natural  History,  the 
Trustees  of  which  in  February,  1903,  had  formally  signified  their 


602  Annals  of  the  Carnegie  Museum. 

acceptance  of  Mr.  Carnegie's  kind  offer  to  have  such  a  reproduction 
made  for  them.  The  superintendence  of  this  task  was  congenial 
labor  to  him.  On  the  first  day  of  July,  1904,  a  small  company 
of  scientific  men  and  women,  together  with  the  Trustees  of  the 
Carnegie  Institute  and  a  few  other  guests,  had  the  pleasure  of  a 
private  view  of  this  restoration,  which  had  been  carefully  assembled 
preliminary  to  shipment  to  England.  The  absence  of  Professor 
Hatcher  from  the  little  company  was  feelingly  alluded  lo  by  many. 
But  none  of  the  party  dreamed,  although  he  was  known  to  be  seri- 
ously ill,  that  he  was  even  then  sinking  into  the  eternal  sleep. 

Mr.  Hatcher's  position  as  a  paleontologist  was  unicpe.  He  is 
universally  admitted  by  those  who  are  most  competent  to  pass  judg- 
tnenl,  to  have  been  the  best  and  most  successful  pale  on  to  logical 
collector  whom  America  has  ever  produced.  In  saying  this  it  may 
at  once  be  admitted  that  he  was  in  all  probability  the  most  success- 
ful collector  in  his  chosen  domain  who  has  ever  lived.  Professor 
Hatcher  and  those  associated  with  him  under  his  control  during  the 
years  of  his  activity  in  the  field  as.serabled  more  important  vertebrate 
fossils  than  have  been  assembled  by  any  other  one  man,  whose  name 
is  known  in  the  records  of  paleontology.  The  larger  proportion 
of  ihe  choicest  vertebrate  fossils  now  in  the  Peabody  Museum  at 
Yale  University,  in  the  collection  of  the  United  Slates  Geological 
Survey,  in  the  Museum  of  Princeton  University,  and  in  Ihe  Museum 
of  the  Carnegie  Institute  at  Pittsburgh  were  collected  by  him.  To 
a  very  large  extent  the  American  methods  of  collecting  such  re- 
mains, which  are  now  univerM.lly  admitted  lo  be  the  best  methods 
known,  were  the  product  of  his  experience  in  the  field  and  of  his 
careful  thought.  In  a  letter  just  received  by  the  writer  from  Pro- 
fessor Henry  Fairfield  Osborn,  the  Paleontologist  of  the  United 
States  Geological  Survey,  he  says,  alluding  to  the  death  of  Professor 
Hatcher:  "  I  can  hardly  tell  you  how  shocked  and  grieved  I  am. 
I  had  often  thought  of  the  probability  of  Hatcher's  death  while  in 
the  field  when  taking  great  risks  and  entirely  away  from  medical 
and  surgical  attendance,  but  of  his  death  at  home  I  had  not 
thought  a  moment.  In  his  intense  enthusiasm  for  science,  and  the 
promotion  of  geology  and  paleontology,  and  the  tremendous  sacri- 
fices he  was  prepared  to  make,  and  had  made,  he  was  a  truly  rare 
and  noble  spirit,  the  sort  of  man  that  is  vastly  appreciated  in  Eng- 


A 


Holland  :  John  Bell  Hatcher.  603 

land  and  in  Germany,  but  I  fear  very  little  appreciated  in  America. 
His  work  as  a  collector  was  magnificent,  probably  the  greatest  on 
record." 

Professor  W.  B.  Scott,  in  the  columns  of  5c/>««,  says:  "  Hatcher 
may  be  said  to  have  fairly  revolutionized  ihe  methods  of  collecting 
verlebrate  fossils,  a  work  which  before  his  time  had  been  almost 
wholly  in  the  hands  of  untrained  and  unskilful  men,  but  which  he 
converted  into  a  fine  art.  The  exquisitely  preserved  fossils  in 
American  museums,  which  awaken  the  admiring  envy  of  European 
paleontologists,  are,  to  a  targe  extent,  directly  or  indirectly  due  to 
Hatcher's  energy  and  skill  and  to  the  large  minded  help  and  ad- 
vice as  to  methods  and  localities  which  were  always  at  the  service 
of  anyone  who  chose  to  ask  for  them,"  Testimony  of  like  charac- 
ter as  to  the  great  achievements  of  Professor  Hatcher  has  come  from 
many  other  sources. 

Mr,  Hatcher  was  characterized  by  most  intense  devotion  to  his 
life  work,  as  has  been  already  pointed  out.  Underiying  his  char- 
acter was  an  indomitable  determination.  In  childhood  he  was 
weak,  and  his  parents  had  little  hope  of  seeing  him  live  to  young 
manhood.  He,  however,  gradually  outgrew  ihe  physical  weakness 
of  his  boyhood,  and  bent  himself  with  a  mighty  purpose  to  the 
acquisition  of  knowledge.  His  aged  and  venerable  father  has 
touchingly  described  to  the  writer  the  lad's  determination  when  he 
was  but  a  mere  boy  to  amass  useful  knowledge,  patiently  sitting  for 
hours  poring  over  his  books  when  his  comrades  of  like  age  about 
him  were  bent  upon  sports  and  pastimes.  He  was  an  indefatigable 
student  of  books  and  a  very  keen  observer  of  things.  He  was 
fertile  in  resources.  He  had  great  mechanical  aptitudes,  and  suc- 
ceeded, sometimes  when  alone,  by  patient  effort  in  accomplishing 
apparently  impossible  tasks  in  the  removal  of  huge  and  weighty 
objecis  from  difficult  positions,  which  would  not  have  been  under- 
taken by  others.  The  writer  recalls  one  or  two  cases  in  which  he 
dared  great  physical  risks  and  even  death,  when  alone,  far  from 
human  companionship,  in  extracting  large  masses  from  their  original 
position  and  moving  them  by  a  skilful  arrangement  of  levers  to 
points  where  they  could  afterwards  be  taken  up.  One  such  instance 
occurred  in  the  fall  of  the  year  T903,  and  ihe  writer  could  not  re- 
train, while  admiring  the  courage  and  skill  disjilayed,  from  earnestly 


Anna 


'.  C'akncxiik  Mdskl'm, 


M'ariiing  Mr.  Hatcher  against  iKc  rcpclition  of  iiuch  risk*  oa  he  >il 
that  lime  assiimed  in  attempting  to  handle  a  block  of  rock  weighing 
Dearly  a  ton  without  the  assistance  of  other  men. 

While  accomplishing  a  vast  atnount  of  most  important  work  dur- 
iug  the  lait  five  or  six  years  of  hit,  life,  there  was  hardly  any  time 
in  whirh,  as  the  result  of  the  illness  and  exposure  which  he  hjid 
undi^rgoQe  in  IViaiiEonia,  he  did  not  xiiflet  [uin,  and  at  limex  pain 
of  a  most  excruciating  character,  and  yei  he  was  palicni  and  un- 
complaining. Painstakingly  exact,  scnipulouitly  honext,  he  could 
not  brook  carelessness  or  dei>aftUTe  from  absolute  truthfulness  and 
honesty  in  oihera.  While  full  of  kindness  he  was  relenllem  in  Wm 
opposition  to  a  fcw  by  whom  he  regarded  himself  as  having  been 
deceived. 

I'crha|is  the  most  striking  charBClcrislic  of  Mr.  Halchcr  was  bis 
exireme  moilesly.  He  wa.talwxyK  reticent  in  sjieaking  of  what  he 
had  done,  and  shunned  piiblicily,  other  than  that  which  came  to 
him  through  his  itcienlific  wriltngx.  The  notoriety  which  is  eagerly 
courted  by  some  so-called  scientific  men,  and  which  is  acquired  by 
tlicm  through  a  diligent  cultivation  of  the  columnit  of  the  daily 
papers,  he  simply  loathed,  and  he  could  not  be  induced,  even 
when  urged  to  do  so,  to  aa-ord  an  interview  to  the  ordinary  repre- 
seniativcs  of  the  press.  Social  life  outside  of  the  circle  of  his 
home  had  lilllc  charm  for  him.  He  even  det^lared  hinuelf  as  haji- 
picst  when  far  from  men  in  lonely  wilds  and  face  to  face  with  nature 
in  her  sternest  and  grimmeit  mooda.  He  was,  while  not  a  rcclii.se 
in  the  strict  sense  of  the  word,  %o  deeply  absorbed  in  his  researches 
and  studies  as  to  take  but  little  pleasure  in  the  ordinary  round  of 
social  etijoymcniA.  Nevertheless,  he  was  a  most  charming  com- 
[lanion,  and  when  he  could  be  prevailed  upon  to  untiend  and  relate 
the  story  of  hi«  adventures  in  strange  and  distant  places,  the  lis- 
tener found  his  comiiaaionship  bacinaiing. 

Though  living  so  much  of  his  life  in  the  wilderness,  be  was  a 
man  of  strong  domestic  attachments.  He  loved  his  home,  and  tu 
none  of  all  the  wide  linrle  of  his  afr-innintancc  docs  his  untimely 
death  brinj;  deeiier  and  more  poignant  grief  than  to  his  wife  and 
four  young  rhildrcn,  I'o  iheni  the  writer  renews  in  these  lines  his 
eKptc^ion  of  the  dccitst  svmn.iihv. 

W.  J.  HuLi..»Nr.. 


INDEX. 


Acanthis  linaria,  495,  569 

1  in  aria  rostrata,  495,  569 
Accipiter  atricapillus,  495,  553 

cooperii,  494,  553 

velox,  494,  552 
Actitis,  54,  69,  70 

macularia,  44,  68,  494,  547 
Actodromas  bairdii,  496,  540 

fuscicoUis,  496,  540 

maculata,  496,  539 

minutilla,  406,  540 
iEgialitis,  21,  22 

meloda  circumcincta,  494,  497,  550 

raontana,  21,  22,  24,  25,  28,  29,  31 

semipalmata,  496,  549 

vocifera,  25,  28,  29 
i^lurodon  sp.»  154 
^lurodon  ?     brachygnathus      Douglass, 

153.  173,  174 
Agelaius  phoeniceus,  494,  566 

Agriochoerus  minimus,  149,  150 

Aix  sponsa,  494,  517 

Alcidae,  16 

Alectorides,  16 

Algonkian  slates,  148 

Alticamelus,  472 

altus,  472 
Ammodramus  henslowii,  572 

nelsoni,  496,  572 
Ampelis  cedrorum,  493,  578 
Amphicyon  major,  193 
Anas  boschas,  496,  512 

maxima,  511 

obscura,  496,  513 

obscura  rubripes,  514 
Anser  albifrons  gambeli,  528 
Anthus  pensilvanicus,  497,  588 
Antrostomus  vociferus,  494,  561 
Aphelops    ceratorhinus    Douglass,    154, 

19s.  196,  197 
Aphriza,  20,  56 

virgata,  29,  43,  50,  64,  69 

Aphr  zidae,  17,  64,  70 

Aquila  chrysaetos,  554 

Aramides,  66 

Archaean,  148 

Archaeological  material,  14 1 

Archibuteo  lagopus  sancti-johannis,  495, 

554 
Arctomys,  1 81,  183,  184,  185 
monax,  182,  183 


Ardea  herodias,  496,  531 
Ardetta  exilis,  494,  530 

neoxena,  530 
Arenaria  morinella,  496,  550 
Arenaridse,  70 

Arquatella  maritima,  496,  539 
Artiodactyla,  162,  167,  197 
Asio  accipitrinus,  556 

magellanicus  virginianus,  493,  558 

wilsonianus,  556 
Astragalinus  tristis,  493,  569 
A strodon  Johnston i  Leidy,  9,  11,  12 
Atlantosaurus  beds,  10,  14 
Attagis,  66 
Attigides,  16 
Aythya  americana,  496,  518 

vallisneria,  495,  518 

Baena,  201,  202,  203 

Baeolophus  bicolor,  497,  591 

Bartramia   longicauda,   44,   50,    57,   58, 

494,  546 
Bayet  Collection,  141,  433 
Big  Belt  Mountains,  150 
Birds  (The)  of  Erie  and   Presque  Isle, 
Erie  County,  Pennsylvania,  by  W. 
E.  Clyde  Todd,  481-596 
Birds'  tracks,  148 
Bittern,  American,  530 

Cory's  Least,  530 

Least,  530 
Blackbird,  Red-winged,  566 

Rusty,  568 

Vellow-headed,  566 
Blastomeryx  gemmifer  Cope,  154 
Bluebird,  593 
Bobolink,  566 
Bob-white,  551 
Bonasa  umbellus,  493,  551 
Boobies,  525,  527 
Botaurus  lentiginosus,  494,  530 
Branta  bernicla  glaucogastra,  529 

canadensis,  406,  528 

canadensis  hutchinsii,  529 
Brontosaurus,  I2,  13 
Briinnich's  Murre,  501 
Bubo  virginianus,  558 
Buffle-head,  522 
Bunting,  Black -throated,  576 

Indigo,  576 

Snow,  570,  571 


605 


606                                                                                 ^^^^^^^^B 

Butm  botealit,  494,  553 

Cdodon  cineuUtm  iJouglMi.  150 

VmaWa,  4*1.  553 

ColjiBbo*  .uriiu*.  495.  498 

plMypieni».  494-  5S4 

holborilii.  495.  498 

Buroridei  viimcbii.,  494.  5J' 

CnmpBiblypi.  «n«i«M.  49S.  S*' 

Oniopu*.  >5i 

»lrr"u,  Si^S 

C>lrlna  moiclMU,  511 

C«Is»rta»  Ujiponlcu*.  495.  570 

G>o..S.i.S»« 

Calidrii  ■ramria,  4<A  54I 

American.  SJ4 
Connonmi.  Itooblc-crtMcd,  508 

C».dld«.  472 

CaroeU.  iww  B»nu««f,  4J4-476 

VlariAA.  S09 

Camdoi.  454 

Corriu  uncriunui.  565 

bBCKi«nu«.  467,  473 

brmchyihyBch.w.  494.  5*5 

Cini>lui)u»,  173.  174 

Cifton  tetn-,  149 

CuKu-tack,  518,  St9 

C«nlin»lit  c«riiln.lii,  49J,  497.  575 

S71 

Cowbim.  566 

CtrMgit  In»liw>te,  Eitenuon  of.  1 

Cowfm.  JJ4 
Creeper,  Urovn.  590 

C.™i«ini.  164.  193 

CnnkMIl,  Anwrton.  jte 

Wbiw-wingri.  J69 

C«Urd.  5K8 

Crow,  saj 

Ctniimi.  otollnui,  493-  497.  5*<» 

Ani«Hi->n,  565 

Cnimnac,  Boyd.  Artidw  edited  by,  ;■, 

Cwjle  »lc7on.  494.  SS") 

»s 

Onfaia  famlllatl*  ttimttta;  497,  59a 

Onttunpelagiu.  46a,  494 

fulitariui,  IJ,  496.  US 

OuIdaoJan,  3 

CrypioKlMi  .odic  40J.  SS7 

Chwadriidir,  16,  65.  67.  70 

l«n«R»lRil  rii:h«rd«ni.  557 

Cuckoo.  Black  billed.  S5^ 
Vellow  Ulled.  5S8 

(■u.-ulla«.  S 

Cluuadiius.  aj 

Cutic*.  Eskima,  S48 

dorolnica.,  Jl,  a;.  39,  30,  496,  548 

IludMnian,  547 

ll*>>.  33 

lxH.it  billed,  S47 

plu.i>li>.  14 

Curvmr.  70 

Cunoril.  16 

Corwiriid*,  70 

Cyanoi-itla  ciirtala.  493.  565 

Owulcliumui  iirtpcnu.  49^.  JU 

CyanoifiM  i^uiea.  494-  S?^ 

ci>tira»,  303 

Cyrlopidlu..  ISJ 

Chiclcad**.  BlicL-tapped,  5»i.  jU.  S9' 

ttafilaaeola.  496,  517 

Cbk-nido.  16 

IJ«p  Creek.  ISO 

llliuBI<]Kt.t.  16 

I>e.p  Kl.tt  BcK  ISO,  IM 
l>«i<IrDita  mlira,  495,  dia 

Oiioni..  69 

bUckbumi-r,  496.  5S4 

Ctionl<llfl>  ti[|{lnUn>u,  494.  5^1 

awur«««o».  49^.  583 

CircHj  buri-'-ur..  41M,   5<3 

■:....««.  .9<>.  i».\ 

Cistotlinru'  'Icllins,  445'  589 

<rrul«.  5K1 

o,roT.al».  4'(5.  SJ** 

islnnili.a.  52.' 

,li,.„lor.  sSs 

CoccyiiK  mniFrtcanus  4<>4.   ;s^ 

L,nl-nd,i.  584 

mtliroplitlialmu-,  j.m.  SS" 

m:u„1r,-,.  4'A   5S.J 

«oIapie>  nur«iin.  4114.  $<ili 

|.aliiia>iim.  40*..  5X5 

Index. 


607 


Dendroica  tigrina,  496,  581 

vigorsii,  496,  585 

virens,  496,  584 
Diatoms,  147 
Dinocyon  ossifragus  Douglass,  154,  192, 

I93»  194.  195 
Dinosaurs,  9,  lo,  13 

Diplodocus,  12 
carnegii,  143 

reproduction  of  the  skeleton  for 
the  British  Museum,  478 
Dolichonyx       oryzivorus,      494,      497, 

566 
Douglass,  Earl,  Astropecten  montanus  — 
A   New  Star- Fish  from  the  Fort 
Benton  ;     and    some    Geological 
Notes,  5-8 
New    Vertebrates    from    the    Mon- 
tana Tertiary,  145 
Dove,  Mourning,  552 
Dowitcher,  Long-billed,  538 
Dromadidre,  1 6,  70 
Duck,  Black.  514 
Dusky,  513 
Fish,  510 
Gray,  517 
Greater  Scaup,  5*9 
Harlequin,  525 
Lesser  Scaup,  510,  520,  521,  522, 

527 

Long- tailed,  523 

Pintail,  517,  524 

Pond,  512 

Redhead,  518 

Red-legged  Black,  514 

Ring-necked,  521 

Scaup,  522 

Shoveller,  516 

Surf,  525 

Wood,  517 
Dryobates  pubescens  medianus,  493,  559 

villosus,  493,  559 
Eagle,  Bald,  523,  554 

Golden,  554 
Ectopistes  migralorius,  494,  551 
Egretta  candidissima,  531 
Eider,  American,  525 

King,  525 
Elasmognathus,  156 
Elosaurus    parvus   Peterson    &   Gilmore, 

12.    13 

Empidonax  flaviventris,  496,  563 

minimus,  494.  497,  564 

traillii  alnorum,  496,  564 

virescens,  494,  497,  563 
Eocene  (?),  145,  148 
Eporeodon,  169,  176,  177,  180 
Ereunetes  occidentalis,  542 

pusillus,  496,  542 


Erie    and    Presque   Isle,    Erie   County, 
Pennsylvania,  The  Birds  of.     By 
W.  E.  Clyde  Todd.  481-596 
Erismatura  jamaicensis.  496,  527 
Eruptive  rock,  147 
Eucheira  socialis,  479 
Eucrotaphus.  169 

( Eporeodon  ? )  superbus,  1 70 

helenae,  149 
Euphagus  carolinus,  496,  568 
Eurynorhynchus,  45 

pygmaeus,  44 
Eurypyga,  69 
Exogyra,  8 

Falco  columbarius,  496,  555 

peregrinus  anatum.  555 

sparverius,  494,  555 
Finch,  Grass,  571 

Purple,  569 
Fish,  147 
Flicker,  566 

Northern,  560 
Flint  Creek  Beds,  153.  170 
Florida  coerulea,  531 
Flycatcher,  Acadian,  563 

Alder,  564 

Crested,  562 

Least,  564 

Olive-sided,  562 

Yellow-bellied,  563 
Fort  Logan  Beds,  150 
Fossils,  List  of,  151 
Fulica,  66 

americana,  496,  534 
Fulicaria%  69 
Fuligula  affinis,  496,  520 

collaris,  496,  521 

marila,  495,  519 

Gadwall,  514 

Galeoscoptes  carolinensis,  495,  588 

Gallinago,  29,  42,  43,  50,  54,  58,  64,  69 

delicata,  40,  52,  55,  494,  537 

VVilsoni,  41 
Gallinula  galeata,  496,  534 
Gallinule,  Florida,  534 
Gaviie,  15 
Gavia  imber,  495,  500 

lumme,  495,  500 
Gelochelidon  nilotica,  505 
Geological  Notes  regarding  divisions  of 

the  Miocene,  473 
Geothlypis  agilis,  496,  586 

Philadelphia,  497,  586 

Irichas  brachidactyla,  495,  $^^6 
Glareolidae,  16,  70 
Gnatcatcher,  Blue-gray,  592 
Godwit,  Hudsonian,  543 


Godwit,  Marbled,  543 
Golden-eye,  American,  521 

Bairow's,  $X2 
Goldfinch,  American,  569 
Gompholhcrium,  471 

cameloides,  469 

(Protoroeryi?)  wrus,  154 
Gooie,  American  White-frotited ,  518 

Blue,  518 

C&nada,  528,  529 

Grenter  Snoir,  528 

Hulchini',  519 

Leuci  Saow,  53S 
Goshawk,  American,  553 
Grackle,  Bronzed,  jfiS 
Grebe,  Ho]bceirB,49S 

Horned,  498 

Fied-bilied,  499,  511 

Red-necked,  498 
Grosbeak,  Cardinal,  575 

Evening,  568 

Pine,  56S 

Rose-breasted,  575 
Graus«,  KulTed,  35I 
Gruirormes,  16 
Gull,  Ronaparle's,  504,  506,  547 

Glaucous,  502 

Great  Black-backed.  501 

■■   rring.  503.  S04.  S05 


Iceland, 


SOI 


Sabin< 


■.50s 


nibricapilla,  496,  580 
Heloderma,  160.  161 
HeSodromas  Golilarius,  494,  545 
HeloiJennoidcs  luberculalus,  149,  160 
I    Heplodon.  I45,  146,  155,  156,  ($8 
I    Hemdias  egrella,  531 

Heron,  Black -crowned  Night.  531 

Great  Blae.  531 

Green,  531 

Uttle  Klue,  531 

Snowy,  S3 1 
Hesperiphona  vespertina,  495,  56S 
Hesperhys,  174,  175 

THgrsns  Douglass,  153 
11  eterac  litis,  53 

incanus,  45 
Himantopus,  40,  50,  62,  64 

mcxicanus,  39.  41.536 
Hippotherium  isoaesum  Cope,  154 
Hirando  erythrc^aster,  494,  576 
Histrionicus  histrionicus,  5aj 
Holland,  W.  J.  EditotiaJs.  I,  141,  4: 

477.  597 
Hoploparia  canadenHi  Whiteaves,  5 
Horliopus  virens,  494,  563 
Hummingbird,  Ruby-throated,  561 
tlyKonodon 


CWmnoplychus  minor,  149 
Hxtnalopodidn;,  70 
Hsinatopiu,  60,  6(f 

bacbmani,  6 J 
Halinfctus  leucocepbalus,  494,  554 
Hardhead,  528 
Harclda  hyemBlii,  496,  533 
Hatcher,  J.  B.      In  Memoriam,  597 

Discovery  cif  Remains  uf  Astrodon 

(Pleutocoslus)  intbeAtlnnlosaurus 

Beds  of  Wyoming,  9-14 

Hawk,  Broad-winged.  554 

Cooper's,  553 

Duck,  S5S 

Fish,  555 

Marsh,  552 

Pigeon,  SSS 

R^ -shouldered,  5 S3 

Red-tailed,  553 

Sharp-sliinned,  5S2 


Spam 


•  SSS  . 


Hay,  O.  P.,  Description  of  a  Nen 
and  Species  of  Tortoise  fi 
Jurassic  of  Colorado,  loi- 

Helena,  14S 

Helminthophila  celata,  496,  580 


i,  149 


5*^. 


as,  496, 


Hydropbasianus  cbirurgus,  6s,  67 
Hylocichla  aliciie,  497,  592 
fu^cescens,  495,  497,  593 
guttata  pallasii,  497.  59J 
niuslelina,  495.  $^2 
ustulatu  awainsonii,  497,  592 
Hyperiragulus  calcaralus  Cope,  151 
Hyrachyus,  145,  146,  158,  159 
agtarius,  157,  15S 
in  termed]  us,  158 
priscus,  156.  IS7,  158 
Hyracodon,  150 
■       ■    virens.  495.  497 
galbuU,  494,  567 
spurius,  494,  567 
[ctops  aculidens  Douglass,  149 

amus  unabundus  Meek  and  Hay- 
dcu[?),  7 
voro,  171 
ridoprocne  bicolor,  494.  497,  577 
chyromys  typus  Leidy,  149 
.cana  gymnostoma,  bS,  70 
Jucanida;,  65.  69,  70 
Jacatjoidea,  70 
Jiger,  ftrasitic,  503 


Index. 


609 


Jaeger  Pomarine,  501 
Jay,  Blue,  565 
Jefferson,  148 
John  Day  beds,  150,  151 
Junco  hyenaalis,  495,  574 

Kingbird,  562 

Kingfisher,  Belted,  559 

Kinglet,  Golden-crowned,  582,  584,  591 

Ruby-crowned,  591 
Knot,  538 

Lama  huanaco,  442,  443,  455,  462,  467 
Lanius  borealis,  495,  578 

ludovicianus  migrans,  495,  578 
Laridie,  16,  21,  69 
Lari  formes,   16 
Lark,  Horned,  564 

Prairie  Horned,  564,  570  * 
Lams  argentatus,  495,  503 

delawarensis,  495,  504,  30 

glaucus,  502 

leucopterus,  502 

marinus,  502 

Philadelphia,  495,  504 
Lepidoptera,  4 
Leptomeryx  evansi,  167,  168 

transmontanus,  151,  168 
Leptoreodon,  163 

Limnenetes  (?)  anceps   Douglass,   149, 
162 

platyceps,  149,  162 
Limosa,  53,  54,  58,  70 

fedoa,  45,  49,  543 

ha?mastica,  45,  542 

rufa,  46 

uropygialis,  57 
Linupanis  alavius  Ortmann,  6 

canadensis,  6 
Little  Belt  Mountains,  150 
Llama,  442,  456,  457,  458,  460,   462, 

463,  464,  465,  467 
Longspur,  Lapland,  570 
Loon,  500 

Red-throated,  500 
Lophodytes  cucullaius,  496,  511 
Loup  Fork  Formation,  151 
Loxia  leucoptera,  495,  569 

Machetes,  46 
Macrorhamphus,  69,  70 

himantopus,  42 

griseus,  496,  538 

scolapaceus,  42,  538 
Madison,  148 

Valley,  149,  154 

Valley  Beds,  180 
Mallard,  511,  512 

Black,  512,  513,  514,535 


Mallard- Muscovy  Hybrid,  511 
Mammalia,  161,  171,  181 
Mareca  americana,  496,  5 14 

penelope,  514 
Martin,  Purple,  576 
Mastodon,  155,  198 
Meadowlark,  561,  567 
Megascops  asio,  557 
Melanerpes  erythrocephalus,  494,  560 
Melospiza  cinerea  melodia,  493,  574 

georgiana,  494,  497,  574 

lincolnii,  574 
Merganser,  American,  509 

americanus,  496,  509 

'Hooded,  511 

Red-breasted,  509,  510 

serrator,  494,  497»  S^o 
MeruU  migratoria,  495,  593 
"Merychyus,  153,  176 

smithi,  I53.'I79 
Merycochoerus,  176 

altiramus,  154 

laticeps,  153,  178 

madisonensis,  154 
Merycodus  agilis,  155 

necatus,  155,  197,  198 
Mesocyon  coryphaeus,  164 

drummondanus,  164,  166,  168 

drumondensis,  151 
Mesohippus  bairdi,  150,  161 

latidens,  1 61 
Mesoreodon,  169 

chelonyx,  151,  177 

intermedius,  151 
Metamorphism  of  rocks,  149 
Metamynodon,  145,  146,  159 

planifrons,  159 
Metopidius,  67 

africanus,  65 

albinucha,  65,  66 

indicus,  65 
Micropalama,  70 

himantopus,  496,  538 
Minute  Book  of  the  Virginia  Court  held 
(cir    Yohogania    County ;     1776- 
1780,  71-140;  205-429 
Miocene,  151,  170 
Miohippus  anceps,  151 

annectens,  151 

(Anchiterium)  equiceps,  151 
Mniotilta  varia,  495,  580 
Mollusca,  147 
Molothrus  ater,  494,  566 
Monida,  147 

Mortoniceras  shoshoensis  Meek,  8 
Morosaurus,  12,  13 
Muscovy,  511 
Mustela  minor,  154,  192 

ogyg'a,  192 


610 


Index. 


Myiarchus  crinitus,  494,  562 
Mylagaulus,  173,  185,  186 

balliensis,  173 

bevis,  186 

monodon,  173 

paniensis,  153,  172,  187,   188,  190, 
191 

pristinus,  154,  186,  187,  190 

proximus,  154,  189,  190. 

Nettion  carolinensis,  496,  515 
Nighthawk,  561 
North  Boulder,  149 
Numenius,  50,  58,  60,  64 

arquata,  36 

borealis,  33,  36,  37,  38,  46,  49,  52, 

54,  56,  58,  496,  548 
hudsonicus,  33,  34,  35,  36,  38,  496, 

547 
longirostris,  28,  31,  34,  35.  36,  37, 

46,  48,  49,  51,  52,  53,  54,  55,  56, 

57,  58»  59,  62,  547 

phaeopus,  34,  35,  36,  37 
Nuthatch,  Red-breasted,  590 

White-breasted,  590 
Nuttallornis  borealis,  496,  562,  563 
Nyctala  acadica,  557 

tengmalmi  richardsoni,  557 
Nyctalops  accipitrinus,  496,  556 

wilsonianus,  493,  55^ 
Nyctea  nyctea,  495,  558 
Nycticorax  nycticorax  naevius,  494,  531 

Ocydromus,  66 
CEdicnemi,   16 
CEdicneniidiv,  16,  70 
Ogmophus  arenarum,  153,  171 

aiigulatus,  171 
Oidemia  americana,  496,  526 

deglandi,  495,  526 

perspicillata,  495,  527 
C)lbiorchilu.s  hiemalis,  495,  589 
Oligocene,  146,  151 

Canidiv,  3 

Upper,  150 
(>lor  buccinator,  529 

colunibianus,  496,  529 
Oreodon  Beds,  149 

culbertsoni,  1 64 

macrorhinus.  149,  163,  164 

robustum,  164 
Oreodontid:!-.  1 52.  1 76 
(  )reod()nts,  153 
f  )riok',  I-Jaltirnorc,  567 

( )rchard,  567 
Osj^rcy,  555 

nstcoloj^'v  (tf  tlic  Sleganopode^,  3 
Ostrea  '\  S. 
(  )tidi(K«;,  16,  70 


Otidoidea,  70 

Otocoris  alpestris,  495,  564 

alpestris  praticola,  493,  564,  596 
Otus  asio,  493,  557 
Owl,  American  Bam,  556 

American  Long- eared,  556 

Barred,  557 

Great  Gray,  557 

Great  Homed,  558 

Hawk,  558 

Saw-whet,  557 

Screech,  557 

Short-eared,  556 

Snowy,  558 
Oxydactylus  brachyodontus,  469,  470 

Osteology  of,  434-476 

longipes,  435,  437,  438,  439,  440, 
441,  447,  448,  452,  454,  455. 
456,  457,  458,  459,  460,  461, 
462,    464,    466,  468,    469,   470, 

471,   472 
Oxyechus  vocifems,  494,  549 

Palsearctomys,  182 

macrorhinus,  154,  184 

montanus,  154,  181,  183 
Palaeolagus  brachyodon,  149 

temnodon,  149 
Palaeomeryx,  179 

americanus  Douglass,  155 

borealis,  153,  155,  197 
Palaeozoic,  1 48 

Pandion  haliaetus  carolinensis,  496,  555 
Parra,  65,  66,  67 

gymnostoma,  65,  67 

jacana,  65,  67 
Parridit,  16,  65,  67 
Parus  atricapillus,  493,  591 
Passerculus  sandwichensis  savanna,  494, 

497.  571 
Passerella  ibaca,  496,  575 

Passerina  nivabs,  495,  570 

Pavoncella,  58 

pugnax,  17,  46 
Peep,  542 

Pelecanus  erythrorbynchos,  497,  509 
Pebcan,  White,  509 
Pebdna  alpina  sakhalina,  496,  541 
Peninsula   (The),  at    Erie,   general    de- 
scription, 483 
Perissodactyla,  155,  195 
Peterson,  O.  A.,  Osteology  of  Oxydacty- 
lus, 434-47^^ 
Petrochebdon  lunifrons,  494,  576 
Pewce,  \V()od,  563 
Phalacrocorax  dilophus,  496,  508 

dilopbus  tloridanus,  509 
Phalarope,  Norlbern,  535 

Red.  535 


Index. 


611 


Phalarope,  Wilson's,  536 
Phalaropes,  18,  19,  20,  52 

Osteology  of  the,  1 7 
Phalaropodidae,  70 
Phalaropus  lobatus,   17,   18,   19,  20,  28, 

43.  496,  535 
Philohela,  29,  42,  58,  68 

minor,  40,  41,  494,  536 
Pholadomya  papyracea  Meek  and  Hay- 
den  (?),  7 
Pinna  lakesi  White  (?),  7 
Pinicola  enucleator  leucura,  495,  568 
Pipilo  erythrophthalmus,  494,  575 
Piranga  erythromelas,  494,  576 
Pisces,  180 

Platalea  leucorodia,  45 
Platychelys,  203 
Pleurocoelus,  10 

montanus,  II 

altus,  12 

nanus,  9,  li,  12,  13 
Pleurosternidae,  203 
Pliauchenia,  471 
Pliocene,  150 
Plover,  American  Golden,  548 

Black-bellied,  548 

Golden.  542,  545,  549 

Killdeer,  539,  549 

Semipalmaled,  549 
Poatrephes  ( ? ) ,  179,  180 
Poatrephes    paludicola    Douglass,    153, 

176,  177,  179 
Podasocys  montanus,  21 
Podilymbus  podiceps,  495,  499 
Poebrotherium  sp.,  151 
Poebrotherium,  436,  437,  438,  439,  440, 

441,  447,  448,  454,  455,  457,  460, 

463,  466 
Polioptila  c?erulea,  497,  592 
Pond  Fisher,  511 
Pooecetes  gramineus,  494,  571 
Porphyrio,  66 
Porzana  Carolina,  494,  497,  532,  596 

jamaicensis,  534 

noveboraccnsis,  496,  533 
Potomac  beds,  10,  12,  13,  14 
Prickly  Pear  Valley,  149 
Probaena,  201,  203 

sculpta,  201,  203 
Proboscidea,  198 
Procamelus,  153,  154,  175,  471 

lacustris  Douglass,  154 

occidentalis,  454,  460 
Progne  subis,  494,  576 
Promerycochoerus,  153,  169 

magnificent    specimen   in   Carnegie 
Museum,  480 

leidyi,  170 

macrostegus,  170 


Promerycochoerus  minor,  168,  169,  151 
Protapirus,  157 

validus,  158 
Protohippus,  153,  154 
Protolabis,  471 

montanus  Douglass,  154 
Protomeryx,  436,  437,  438,  440,  472 

cameloides,  469 
Pseudopterodon,  149 

Quail,  551 

Querquedula  discors,  496,  516 

Quiscalus  quiscula  seneus,  494,  568 

Rail,  King,  532 

Little  Black,  534 

Sora,  532 

Virginia,  532 

Yellow,  533,  534 
Rallidae,  65,  66,  68,  69 
Rallus  aquaticus,  66 

elegans,  493,  532 

virginianus,  494,  497,  532 
Recurvirostra,  49 
Recurvirostrida;,  70 
Redpoll,  569 

Greater,  569 
Redstart,  American,  588 
Regulus  calendula,  497,  591 

satrapa,  495,  591 
Reptilia,  160,  171 
Rhyacophilus,  58,  69,  70 

solitarius,  44,  68 
Riparia  riparia,  494,  577 
Rissa  tridactyla,  497,  502 
Rodentia,  172,  181 
Sage  Creek  Beds,  145,  155 
Sanderling,  542,  549 
Sandpiper,  Baird's,  540 

Bartramian,  546,  547 

Buff  breasted ,  547 

Least,  540,  542 

Pectoral,  539 

Purple,  539 

Robin,  538 

Semipalmated,  542 

Solitary,  545 

Spotted,  547 

Stilt,  538 

Western,  542 

White-rumped,  540 
Sayornis,  phrebe,  494,  562 
Scalops  aquaticus,  171,  172 
Scaphites  ventricosus  Meek  &  Hayden,  8 
Schloenbachia  shoshoensis  (Meek),  8 
Sciurus,  153,  181 

arctomyoides,  154,  181,  182 

jeffersoni,  149 
Scolecophagus  carolinus,  568 


612                                             Index.                                   ^^^ 

■ 

Scolopai.  58 

hinjndo.  496,  506 

rusticola,  17,40.  S4p  70 

Stilt,  Black-necked.  536 

Scolopacid*,  16,  70 

Sirix  pralineolo,  556 

Stumella  magna,  494,  567 

BUck,  5Z4 

Suid»,  174 

Surf,  sa6.  517 

Surnia  ulula  caparocb,  558 

While-wingeU,  5j6 

Swallow,  Bank,  57; 

ScQtiapiOL  nebuloB.,  495.  557 

Bam,  576 

Seiurus  aurocapillus,  49s,  585 

am,  S76 

noveboraceBsis,  496,  585 

Rough-wioEed,  578 

Selophaga  nidcillfl,  495.  S^S 

White- bellied,  577 

Sheep  Creek,  9 

Swan,  Tmmpeler,  529 

Shrike.  Migninl.  578 

Whistling,  519 

Notthern,  578 

Swift,  Chimney,  562 

Shufeldl,   Dr.   K.   W.,  Osteology  of  the 

Symphemifl.  S3.  57 

Sialia  sialii,  495,  S93 

Syroium  varium,  493,  557 

carolioenais.  493,  590 

Talpa  meyeri,  171 

Snipe,  Red- breasted.  538 

plalybrachys,  153,  171.  172 

Wilson's,  537,  539 

Tanager,  Scarlet,  576 

Snowbird,  584 

Teal,  Blue-winged.  515,  516 

SUte -colored,  574 

Green.winged,  515 

SomaleriB  dresacri   535 

Telmatodytej  paluslrii,  495.  589 

speclabilis.  497,  525 

Tern,  Black.  507.  508 

Sparrow,  Chipping.  573 

Caspian,  506 

Field,  574 

Common,  506,  507 

¥ox,  575 

FoiBler's,  506 

Henslo*-..  57^ 

Gull-hilled,  505 

Lark,  57^ 

Least,  507 

Lincoln's,  574 

Kofieate,  507 

Nelson's  Sharp-lailed,  572 

Thinocorida:,  16,  70 

Suranna,  571 

Thinocorus,  66 

Song,  574 

Thrasher,  Brown,  588 

Swamp.  574 

Thrush.  Golden -crowned,  585 

Tree,  573 

Gray -cheeked,  591 

Vesper,  571 

Hermit,  593 

While- crowned,  573 

Olive-backed,  592 

Whilc-throaud,  573 

Water.  585,  586 

Yellow-winged.  571 

Wilson's,  S9a 

Spa'ula  clypeata.  496.  516 

Wood,  S92 

Species,  lisl  of.  146,  «53.  '54 

Thryothonis  ludovicianus.  497,  588 

Specklehead,  515 

Ticholeptus  beds.  150 

Sphyiapicus  vatius,  496.  559 

Tilanotherium  beds,  149,  'SO 

Spinua  pinui,  495,  570 

Titlark,  American.  588 

Spiza  americana.  494.  497,  576 

Titmouse,  Tufted,  S91 

Spiiella  iDonUcola,  495,  573 

Todd,  W.   E.   The   Birds  of  Erie 

and 

puiilltt,  494,  574 

socialii,  494,  573 
Squatarala  squataroU,  496,  548 
Steganopus  tricolor,  496.  536 
Stelgidoptetyx  serripennis,  494,  497,  57} 
Sleneofiber  roontanus  Scott,  151 
Slercorarius  parasiticus,  497,  502,  596 

pomarinus,  50I 
Sterna  antillarum,  507 

caspia,  495,  506 

dougalli,  507 

forsteri,  506 


Prcaijue   Isle,  Erie   Counlj,  Pa., 
481-396 

Totanus,  53,  58.  70 

Hasipts,  45.  55,  57,  496.  544 
melanoleucus,  45,  496.  543 

Towhee,  575 

Toiosloma  rufum,  495.5^8 

Trigeoicus  socialis  Douglass,  149,  16] 

Tringo,  43,  45,  sv,  56 
alpine 


Index. 


613 


Tringa  canutus,  496,  538 

fuscicollis,  43 

maculata,  44 

maritima,  43,  50,  52 

minutilla,  43 

ptilocnemis,  43 

pusillus,  44 
Tringic,  17,  68,  70 
Trochilus  colubris,  494,  562 
Troglodytes  aedon,  495,  589 
Troyo  Collection,  432 
Tryngites  subrurtcollis,  547 
Tubinares,  69 
Turnstone,  Ruddy,  550 
Turritella(?),  8 
Tylopoda,  439,  447,  465,  466 
Tyrannus  tyrannus,  494,  562 
Uria  lomvia,  497,  501 
Ursus  spela'us,  192 
Vanellus,  21,  22,  28,  29,  30 

vanellus,  17 
Velasco  Collection,  Acquisition  of,  432 
V'ireo,  Blue-headed,  580 

Philadelphia,  579 

Red  eyed,  579 

Warbling,  579 

White- eyed,  580 

Yellow -throated,  679 
Vireo  flavifrons,  495,  579 

gilvus,  495,  579 

noveboracensis,  580 

olivaceus,  495,  579 

philadelphicus,  496,  579 

solilarius,  496,  580 
Volcanic  ash,  148 

Warbler,  Hay- breasted,  583 
Black  and  While,  580 
Black  and  Yellow,  583 
Blackburnian,  584 
Black-capped,  587 
Black-poll,  583 
Black-throated  Blue,  582 
Black-throated  Green,  584 
Blue  Golden- winged,  580 
Canadian,  586,  5CS7 
Cape  May,  581 
Cerulean,  583 
Cheslnut-sided,  583 
Connecticut,   586 
Hooded,  587 


WablerKirtland's,  584 

Mourning,  586 

Nashville,  58Q 

Orange-crowned,   580 

Palm,  585 

Parula,  581 

Pine,  585 

Prairie,  585 

Tennessee,  5^' 

Yellow,  582 

Yellow-rumped,  581,  582,  584 
Wax  wing.  Cedar,  578 
Whip-poor-will,  561 
Whitehall,  148 
White  River  Formation,  146 
White  Sulphur  Springs,  150 
Widgeon,  American,  514 

European,  514 
Willet,  545 
Wilsonia  canadensis,  497,  587 

mitrata,  495,  497,  587 

pusilla,  497,  587 
Woodcock,  537 

American,  536 
Woodpecker,  Downy,  559 

Hairy,  559 

Northern  Pileated,  560 

Red-bellied,  560 

Red -headed,  560 

Yellow-bellied,  561 

Yellow-billed,  558 
Wolf  Creek,  147 
Wren,  Carolina,  58^ 

House,  589 

Long-billed  Marsh,  589 

Short-billed  Marsh,  589 

Winter,  589 
Wyoming,  Jurassic  deposits  of,  13 
Xanthocephalus     xanthocephalus,    497, 

566 
Xema  sabinii,  505 
Yellow-legs,  545 

Greater,  543,  545 

Lesser,  538,  543,  544 
Yellow-throat,  Northern,  586 

Zamelodia  ludoviciana,  494,  497,  575 
Zenaidura  macroura,  494,  552 
Zonotrichia  albicollis,  496,  573 
leucophrys,  496,  572 


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R'K*"  Latoul  Vi««  ef  the  Stdaten  of  Jwana  gjimnootomi 


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